Cross references.

- Occupational license taxes for manufacture, sale, and distribution of distilled spirits, § 3-4-20 et seq.

Occupational license taxes for manufacture, sale, and distribution of malt beverages, § 3-5-20 et seq. and § 3-5-40 et seq.

Occupational license taxes for manufacture, sale, and distribution of wine, § 3-6-20 et seq. and § 3-6-40.

Regulation of livestock market operators, § 4-6-3 et seq.

Regulation of pet dealers and operators of kennels, stables, or animal shelters, T. 4, C. 11.

Regulation of business of selling or issuing checks, money orders, § 7-1-680 et seq.

Regulation of business of making loans in amounts of $3,000 or less, T. 7, C. 3.

Regulation of manufacture, sale, of manufactured homes, § 8-2-130 et seq.

Deceptive or unfair trade or business practices generally, § 10-1-370 et seq.

Regulation of business of water well construction, § 12-5-120 et seq.

Practice of professional forestry, § 12-6-40 et seq.

Professional associations rendering services which may be legally performed only pursuant to license from a state examining board, T. 14, C. 10.

Certification by State Board of Education of teachers, principals, guidance counselors, § 20-2-200 et seq.

Regulation of conduct of business by restaurants, taverns, § 26-2-370 et seq.

Pharmacists and pharmacies, T. 26, C. 4.

Regulation of ambulance services, § 31-11-30 et seq.

Regulation of labor pools, T. 34, C. 10.

Authority of counties to regulate practice of fortunetelling, astrology, § 36-1-15.

Sales and use taxes, T. 48, C. 8.

Licensing of persons engaged in business of manufacturing or selling cigars or cigarettes, § 48-11-4 et seq.

Authority of municipalities to levy business license fees and occupation taxes on businesses, trades, and professions licensed by or registered with state, § 48-13-7.

JUDICIAL DECISIONS

Cited in Faser v. Sears, Roebuck & Co., 674 F.2d 856 (11th Cir. 1982).

CHAPTER 1 GENERAL PROVISIONS

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 214 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73A C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Validity of license law which requires security for payment of debts by licensee, 3 A.L.R. 1271; 84 A.L.R. 640, 101 A.L.R. 827.

Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 42 A.L.R. 1226, 118 A.L.R. 646.

Public license as revocable for fraud or other misconduct before, or at the time of, its issuance, 165 A.L.R. 1138.

Validity and construction of state statutory provision forbidding court to stay, pending review, judgment or order revoking or suspending professional, trade, or occupational license, 42 A.L.R.4th 516.

43-1-1. Definitions.

As used in this title, the term:

  1. "Division" means the professional licensing boards division created under Code Section 43-1-2.
  2. "Division director" means the individual appointed by the Secretary of State as director of the professional licensing boards division within the office of the Secretary of State.
  3. "Professional licensing board" means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade and which is placed by law under the jurisdiction of the director of the professional licensing boards division within the office of the Secretary of State.

(Code 1981, §43-1-1; Ga. L. 2000, p. 1706, § 1.)

Cross references.

- State Water Well Standards Advisory Council, § 12-5-120 et seq.

State Board of Registration for Foresters, § 12-6-40 et seq.

State Board of Pharmacy, § 26-4-30 et seq.

Editor's notes.

- This Code section was created as part of the Code revision and was thus enacted by Ga. L. 1981, Ex. Sess., p. 8 (Code Enactment Act).

JUDICIAL DECISIONS

Cited in Seely v. Loyd H. Johnson Constr. Co., 220 Ga. App. 719, 470 S.E.2d 283 (1996).

43-1-2. Appointment and general powers of division director; members and meetings of professional licensing boards; examination standards; roster of licensees; funding.

    1. There is created within the office of the Secretary of State the professional licensing boards division as successor to the office of the joint-secretary of the state examining boards. The Secretary of State is authorized and directed to appoint a director of the professional licensing boards division.
    2. Any action of the joint-secretary taken with regard to any state examining board prior to July 1, 2000, shall thereafter be deemed to be action taken by the director of the professional licensing boards division and that division director shall thereafter act in the stead of such joint-secretary and succeed to the powers and duties of the joint-secretary with regard to those state examining boards. The rights, privileges, entitlements, or duties of parties to contracts, leases, agreements, or other transactions entered into by the joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or diminished by reason of the succession of the division director to the powers and duties of the joint-secretary.
  1. The salary of the division director shall be fixed by the Secretary of State, and he or she shall hold office at the pleasure of the Secretary of State.
  2. The Secretary of State, notwithstanding any other provisions of law to the contrary, shall employ personnel as deemed necessary to carry out this chapter and to provide for all services required by each of the professional licensing boards and shall establish within the guidelines provided by the laws and rules and regulations of the State Personnel Board the qualifications of such personnel.
  3. The division director, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required by each of the professional licensing boards.
  4. The Secretary of State, notwithstanding any other provisions of law to the contrary, shall have the power to employ and shall set the qualifications and salary for a deputy division director and shall appoint executive directors as required who shall act in the absence of the division director and who shall perform such other functions of the division director under this chapter as the division director may designate. The deputy division director and executive directors as appointed shall be in the unclassified service and shall be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45.
  5. Notwithstanding any other provisions of law to the contrary, each member of the various professional licensing boards may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various professional licensing boards are subject to approval of the president or chairperson of the respective board and the division director.
  6. All meetings and hearings of the respective professional licensing boards shall be held in the capitol, at the site of the office of the respective board, or at such other site as may be requested by the chairperson or president of a professional licensing board and approved by the division director.
  7. A majority of the appointed members of a professional licensing board shall constitute a quorum for the transaction of business by that board.
  8. A schedule of all meetings and hearings of the various professional licensing boards shall be maintained at the office of the division director and be available for public review.
  9. The division director may establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards may include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards.
  10. The division director shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various professional licensing boards. A copy of this roster shall be available to any person upon request at a fee prescribed by the division director sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the professional licensing board to which application is made:
    1. Applications and other personal information submitted by applicants, except to the applicant, staff, and the board;
    2. Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board;
    3. Examination questions and other examination materials, except to the staff and the board; and
    4. The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes.
  11. Funding for the office of the division director and the various professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act."

(h.1)Members of a professional licensing board shall serve until the expiration of the term for which they were appointed and until their successors have been appointed and qualified unless otherwise specified under the provisions of this title.

(Ga. L. 1931, p. 7, §§ 89, 89A; Code 1933, §§ 84-101, 84-102; Ga. L. 1943, p. 370, § 1; Ga. L. 1955, p. 323, § 1; Ga. L. 1975, p. 412, § 1; Ga. L. 1977, p. 758, § 1; Ga. L. 1981, p. 1898, § 1; Ga. L. 1990, p. 1965, § 1; Ga. L. 2000, p. 1706, § 2; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2010, p. 266, §§ 6, 7/SB 195; Ga. L. 2012, p. 446, § 2-64/HB 642.)

Cross references.

- Expense allowance of General Assembly members and legal mileage allowance, §§ 28-1-8,45-7-4,50-19-7.

Allowing inspection of public records generally, § 50-18-70 et seq.

Editor's notes.

- Ga. L. 1981, p. 1898, § 5, not codified by the General Assembly, provided that that Act, § 1 of which amended this Code section, was not to be applicable to the Georgia Real Estate Commission and its functions, powers, and duties.

Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

JUDICIAL DECISIONS

Georgia Board of Dentistry.

- Service upon the joint-secretary of the state examining boards, in reliance upon the provisions of former Code 1933, §§ 84-101 and 84-102 (see now O.C.G.A. § 43-1-2), was not sufficient to obtain the appearance of the individual members of the Georgia Board of Dentistry since the board was itself a legal entity capable of suing and being sued under former Code 1933, § 84-102 (see now O.C.G.A. § 43-11-2). Clark v. Board of Dental Exmrs., 240 Ga. 289, 240 S.E.2d 250 (1977).

Cited in Youmans v. Steele, 217 Ga. 747, 125 S.E.2d 215 (1962); Wall v. American Optometric Ass'n, 379 F. Supp. 175 (N.D. Ga. 1974).

OPINIONS OF THE ATTORNEY GENERAL

Support personnel and executive directors.

- Joint-secretary of state examining boards are given broad powers of appointment with respect to all support personnel and executive directors for the various examining boards. 1982 Op. Att'y Gen. No. 82-4.

Location of meetings.

- State examining boards must hold all meetings in the capitol, except for examinations of applicants for licenses, which may be conducted at other designated places; it is clear that the boards cannot meet at such places as Jekyll Island. 1965-66 Op. Att'y Gen. No. 66-80.

Applicability.

- Provisos contained in this section applied generally to all of the professional licensing boards. 1945-47 Op. Att'y Gen. p. 513.

State Building Administrative Board workers.

- Persons who provide the services statutorily required to the State Building Administrative Board are employees of the Secretary of State and the duties of such persons are determined by delegation of authority made by the Secretary of State. 1975 Op. Att'y Gen. No. 75-43.

Quorum.

- Majority of the total number of positions on a given licensing board is required to constitute a quorum as identified in O.C.G.A. § 43-1-2(h), and a majority of such quorum is necessary for board actions other than the specific actions set forth in O.C.G.A. § 43-1-19(a), which requires an affirmative finding by a majority of the board. 2003 Op. Att'y Gen. No. 2003-6.

43-1-3. Duties of division director; serving notice or process on boards through division director.

  1. It shall be the duty of the division director:
    1. To bring together and keep all records relating to the professional licensing boards;
    2. To receive all applications for licenses;
    3. With the consent of the board concerned, to schedule the time and place for examinations;
    4. To schedule the time and place for all hearings;
    5. To issue certificates upon authority of the professional licensing board concerned; and
    6. Except as otherwise provided by law, to collect all fees required by law in connection with the licensing of trades and professions under such boards and to remit the same to the state treasurer for deposit into the general fund of the state. Notwithstanding any other provision of law, the division director is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter; provided, however, that nothing in this Code section shall be construed so as to allow the division director to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the division director shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section 45-12-92, prior to expending any such funds.
  2. All orders and processes of the professional licensing boards shall be signed and attested by the division director, or his or her designee, in the name of the particular professional licensing board, with the seal of such board attached. Any notice or legal process necessary to be served upon any of the professional licensing boards may be served upon the division director.

(Ga. L. 1931, p. 7, § 89; Code 1933, § 84-101; Ga. L. 1937, p. 208, § 2; Ga. L. 1967, p. 294, § 1; Ga. L. 1984, p. 22, § 43; Ga. L. 1993, p. 1402, § 18; Ga. L. 1997, p. 677, § 1; Ga. L. 2000, p. 1706, § 3; Ga. L. 2008, p. 1112, § 1/HB 1055; Ga. L. 2010, p. 863, § 3/SB 296.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2000, "professional licensing" was substituted for "state examining" in the second sentence of subsection (b).

Administrative Rules and Regulations.

- Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of State Examining Boards, Joint Secretary, Chapter 295-1 et seq.

JUDICIAL DECISIONS

Service on joint-secretary cannot secure individual member's appearance.

- Service upon the joint-secretary of the state examining boards, in reliance upon the provisions of former Code 1933, § 84-101 (see now O.C.G.A. § 43-1-3), was not sufficient to obtain the appearance of the individual members of the Georgia Board of Dentistry since the board is itself a legal entity capable of suing and being sued under former Code 1933, §§ 84-101 and 84-102 (see now O.C.G.A. § 43-11-2). Clark v. Board of Dental Exmrs., 240 Ga. 289, 240 S.E.2d 250 (1977).

Cited in Youmans v. Steele, 217 Ga. 747, 125 S.E.2d 215 (1962); Wall v. American Optometric Ass'n, 379 F. Supp. 175 (N.D. Ga. 1974); Shepard v. Byrd, 581 F. Supp. 1374 (N.D. Ga. 1984).

OPINIONS OF THE ATTORNEY GENERAL

Joint-secretary, not board electees, keeps records, receives license applications, and collects fees.

- While a board had authority under former Code 1933, § 84-104 (see now O.C.G.A. § 43-11-3) to elect from the board's members a president and such other officers as the board in the board's discretion may see fit, any application filed with or communication addressed to "such other officer" as the board in the board's discretion has seen fit to elect has no legal status since former Code 1933, § 84-101 (see now O.C.G.A. § 43-1-3) clearly imposed upon the joint-secretary the duty to bring together and keep records relating to the several boards, to receive all applications for licenses, to collect all fees required by law, and to remit the fees to the Fiscal Division of the Department of Administrative Services (now Office of Treasury and Fiscal Services). 1963-65 Op. Att'y Gen. p. 182.

Joint-secretary must remit fees to Department of Administrative Services.

- Fees collected by the Secretary of State (now the joint-secretary) as the Commissioner of Securities must be paid to the Fiscal Division of the Department of Administrative Services (now Office of Treasury and Fiscal Services) and those fees may not be retained as reimbursements for expenses of that office. 1969 Op. Att'y Gen. No. 69-13.

43-1-4. (See Editor's notes.) Expiration, renewal, and penalty dates of licenses and certificates; duration of validity; renewals.

  1. The division director shall determine the expiration, renewal, and penalty dates for each license and certificate issued by the professional licensing boards through the office of the division director which is subject to renewal. Before becoming effective, these expiration, renewal, and penalty dates must be approved by the respective professional licensing boards.
  2. Each license and certificate issued by the professional licensing boards through the office of the division director which are subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the division director, as approved by the respective professional licensing boards.
  3. The division director is authorized to adopt the necessary rules and regulations to implement the biennial renewal of licenses and certificates in such manner as to ensure that the number of renewals is reasonably evenly distributed throughout each two-year period.

(Code 1933, § 84-104, enacted by Ga. L. 1972, p. 505, § 1; Ga. L. 1973, p. 1481, § 1; Ga. L. 1981, p. 1898, § 2; Ga. L. 2000, p. 1706, § 19.)

Editor's notes.

- Ga. L. 1981, p. 1898, § 5, not codified by the General Assembly, provided that that Act, § 2 of which amended this Code section, was not to be applicable to the Georgia Real Estate Commission and its functions, powers, and duties.

For application of this statute in 2020, see Executive Order 03.23.20.02.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.

Administrative Rules and Regulations.

- Renewal of certificates of registration and professional development requirements, architects, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects and Interior Designers, Chapter 50-6.

43-1-5. Investigators for professional licensing boards.

Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be authorized, upon the written approval of the division director, notwithstanding Code Sections 16-11-126 and 16-11-129, to carry firearms.

(Code 1933, § 84-105, enacted by Ga. L. 1975, p. 412, § 2; Ga. L. 1984, p. 704, § 1; Ga. L. 1996, p. 381, § 2; Ga. L. 2000, p. 1706, § 4; Ga. L. 2010, p. 266, § 8/SB 195; Ga. L. 2010, p. 963, § 2-17/SB 308.)

Cross references.

- Employment and training of peace officers generally, T. 35, C. 8.

Cease and desist order violations, § 43-14-12.1.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2010, the designation "(a)" was deleted from the beginning of this Code section.

Editor's notes.

- Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.

Law reviews.

- For article, "Crimes and Offenses," see 27 Ga. St. U.L. Rev. 131 (2011).

43-1-6. Venue of actions involving professional licensing boards.

The venue of any action involving the members of any professional licensing board shall be governed by the laws of this state pertaining to venue. The division director shall not be considered a member of any such board in determining the venue of any such action; and no court shall have jurisdiction of any such action solely by virtue of the division director residing or maintaining a residence within its jurisdiction.

(Code 1933, § 84-103, enacted by Ga. L. 1962, p. 539, § 1; Ga. L. 2000, p. 1706, § 19.)

Cross references.

- Venue generally, Ga. Const. 1983, Art. VI, Sec. II and § 9-10-30 et seq.

JUDICIAL DECISIONS

Venue proper.

- Venue of contractors' action seeking to restrain the Georgia State Licensing Board for Residential and General Contractors and a county from enforcing a licensing law, O.C.G.A. § 43-41-1 et seq., was proper in Muscogee County because there was substantial equitable relief sought that was common to the Board and to the resident county; the complaint alleged that enforcement of the licensing law by both the Board and the county would cause irreparable injury to the contractors, and it asked that preliminary and permanent injunctions be issued against both the county and the Board enjoining and restraining those entities from exercising any of the powers, rights, or duties respecting enforcement of the licensing law. Ga. State Licensing Bd. for Residential & Gen. Contrs. v. Allen, 286 Ga. 811, 692 S.E.2d 343 (2010).

Cited in Georgia State Bd. of Dental Exmrs. v. Daniels, 137 Ga. App. 706, 224 S.E.2d 820 (1976).

RESEARCH REFERENCES

Am. Jur. 2d.

- 77 Am. Jur. 2d, Venue, §§ 4 et seq., 28 et seq.

C.J.S.

- 92A C.J.S., Venue, §§ 4, 5, 76, 77.

43-1-7. Determination of fees by professional licensing boards; refunds.

Each professional licensing board is authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the professional licensing board shall approximate the total of the direct and indirect costs to the state of the operations of the board. Fees may be refunded for good cause, as determined by the division director.

(Ga. L. 1978, p. 1517, § 1; Ga. L. 1981, p. 1898, § 4; Ga. L. 1984, p. 22, § 43; Ga. L. 2000, p. 1706, § 5.)

Editor's notes.

- Ga. L. 1981, p. 1898, § 5, not codified by the General Assembly, provided that that Act, § 4 of which amended this Code section, was not to be applicable to the Georgia Real Estate Commission and its functions, powers, and duties.

Administrative Rules and Regulations.

- Fees, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects, Chapter 50-5.

Registered interior designer fees, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects, Chapter 50-12.

OPINIONS OF THE ATTORNEY GENERAL

State Board of Education does not have the power to charge a fee for the certification of teachers and other personnel employed in the public schools of this state. 1983 Op. Att'y Gen. No. 83-63.

43-1-8. Disposition of fees.

Reserved. Repealed by Ga. L. 1984, p. 22, § 43, effective February 3, 1984.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2007, this Code section number was designated as reserved.

Editor's notes.

- This Code section was based on Ga. L. 1978, p. 1517, § 2.

43-1-9. Point credit for veterans taking examinations given by professional licensing boards.

Any applicant taking an examination required by any professional licensing board except the Georgia Board of Nursing shall receive points in the following manner:

  1. Any applicant who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, for a period of one year or more, of which at least 90 days were served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination;
  2. Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of five points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at less than 10 percent at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; and
  3. Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of ten points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at 10 percent or above at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination.

(Ga. L. 1960, p. 1172, § 1; Ga. L. 1964, p. 761, § 1; Ga. L. 1968, p. 1213, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 2000, p. 1706, § 19; Ga. L. 2007, p. 483, § 1/SB 114; Ga. L. 2010, p. 266, § 9/SB 195; Ga. L. 2014, p. 136, § 1-1/HB 291.)

The 2014 amendment, effective July 1, 2014, deleted "the State Board of Accountancy and" following "licensing board except" in the introductory paragraph.

Cross references.

- Civil service preference for veterans, Ga. Const. 1983, Art. IV, Sec. III, Para. II and § 45-2-20 et seq.

Law reviews.

- For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014).

OPINIONS OF THE ATTORNEY GENERAL

Veterans' preference in examinations not in conflict with preference in hiring.

- There is no conflict between the preference in employment granted veterans under Ga. Const. 1976, Art. IV, Sec. VI, Para. II (see now Ga. Const. 1983, Art. IV, Sec. III, Para. II), and extra points granted to veterans when taking licensure examinations offered by the various state examining boards under Ga. L. 1968, p. 1213, § 1 (see now O.C.G.A. § 43-1-9), since the two provisions speak to separate types of veterans preferences. 1978 Op. Att'y Gen. No. 78-69.

Purpose of Ga. L. 1960, p. 1172,

§ 1. - Intention of Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) is to require that qualifying veterans be allowed a preference in grants of professional licenses or certificates of registration. 1976 Op. Att'y Gen. No. 76-21.

Ga. L. 1960, p. 1172,

§ 1 was mandatory, leaving board no discretion. - As each section employs the word "shall" in its provisions, Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) were mandatory and allow the board no discretion in application of preference points in appropriate cases. 1976 Op. Att'y Gen. No. 76-21.

Veterans' preference points should be credited to examination scores of eligible candidates for registration by the State Board of Examination, Qualification, and Registration of Architects. 1976 Op. Att'y Gen. No. 76-21.

In awarding veterans' credit points, the board should utilize the disability rating determined by the United States Department of Veterans Affairs formulated pursuant to 38 U.S.C. § 301 et seq. 1980 Op. Att'y Gen. No. 80-73.

Board should ascertain numerical score when "fail" grade is reported.

- Board should consult with the board's grading service to determine if a numerical score could be provided in those cases in which a "fail" grade is presently reported; the board might also consider the possibility of grading the board's own examinations to determine a numerical score. 1976 Op. Att'y Gen. No. 76-21.

Preference not applied retroactively.

- Applicants who took an examination and received scores prior to the effective date of Ga. L. 1960, p. 1172, §§ 1, 2 (see now O.C.G.A. §§ 43-1-9 and43-1-10) cannot have veterans' preference points applied to those scores. 1972 Op. Att'y Gen. No. 72-119.

RESEARCH REFERENCES

Am. Jur. 2d.

- 77 Am. Jur. 2d, Veterans and Veterans' Laws, § 89 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 48 et seq.

43-1-10. Credit to veteran's grades when examination given in parts or by subject.

If an examination given by a professional licensing board is required in parts or by subjects and the applicant is required to make a minimum grade on each of the parts or subjects, the points to which the applicant is entitled shall be added to the grade made on each part or subject before the average of his or her grade on all of the parts or subjects is determined.

(Ga. L. 1960, p. 1172, § 2; Ga. L. 2000, p. 1706, § 19; Ga. L. 2010, p. 266, § 10/SB 195.)

OPINIONS OF THE ATTORNEY GENERAL

Purpose of provisions.

- Intention of Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) was to require that qualifying veterans be allowed a preference in grants of professional licenses or certificates of registration. 1976 Op. Att'y Gen. No. 76-21.

Preference not applied retroactively.

- Applicants who took an examination and received scores prior to the effective date of Ga. L. 1960, p. 1172, §§ 1, 2 (see now O.C.G.A. §§ 43-1-9 and43-1-10) cannot have veterans' preference points applied to those scores. 1972 Op. Att'y Gen. No. 72-119.

Provisions mandatory, leaving board no discretion.

- As each section employs the word "shall" in the statute's provisions, Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) are mandatory and allow the board no discretion in application of preference points in appropriate cases. 1976 Op. Att'y Gen. No. 76-21.

Veterans' preference points should be credited to examination scores of eligible candidates for registration by the State Board for Examination, Qualification, and Registration of Architects. 1976 Op. Att'y Gen. No. 76-21.

Board should ascertain numerical score when "fail" grade is reported.

- Board should consult with the board's grading service to determine if a numerical score could be provided in those cases in which a "fail" grade is presently reported; the board might also consider the possibility of grading the board's own examinations to determine a numerical score. 1976 Op. Att'y Gen. No. 76-21.

RESEARCH REFERENCES

Am. Jur. 2d.

- 77 Am. Jur. 2d, Veterans and Veterans' Laws, § 89 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 48 et seq.

43-1-11. Veteran's examination to be graded prior to determination of eligibility for credit.

A person grading an examination required by a professional licensing board shall first grade the examination without reference to veteran credit, determining thereafter from the proof submitted whether an applicant is a veteran and is entitled to such credit; if so, the credit shall be added; and if after such addition the applicant equals or exceeds the grade required to pass the examination, the applicant shall be entitled to be certified as having passed the examination.

(Ga. L. 1960, p. 1172, § 3; Ga. L. 2000, p. 1706, § 19; Ga. L. 2010, p. 266, § 11/SB 195.)

OPINIONS OF THE ATTORNEY GENERAL

Purpose of provisions.

- Intention of Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) was to require that qualifying veterans be allowed a preference in grants of professional licenses or certificates of registration. 1976 Op. Att'y Gen. No. 76-21.

Board should ascertain numerical score when "fail" grade is reported.

- Board should consult with the board's grading service to determine if a numerical score could be provided in those cases in which a "fail" grade is presently reported; the board might also consider the possibility of grading the board's own examinations to determine a numerical score. 1976 Op. Att'y Gen. No. 76-21.

Veterans' preference points should be credited to examination scores of eligible candidates for registration by the State Board for Examination, Qualification, and Registration of Architects. 1976 Op. Att'y Gen. No. 76-21.

RESEARCH REFERENCES

Am. Jur. 2d.

- 77 Am. Jur. 2d, Veterans and Veterans' Laws, § 116 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 48 et seq.

43-1-12. Duty of division director to inform applicants of availability of veteran credit; rules and regulations for implementing veteran credit program.

It shall be the duty of the division director to inform applicants taking the examination of the provisions of Code Sections 43-1-9 through 43-1-11 and Code Section 43-1-13. The division director shall make such rules and regulations as are necessary in order to carry out the terms of Code Sections 43-1-9 through 43-1-11 and Code Section 43-1-13.

(Ga. L. 1960, p. 1172, § 4; Ga. L. 1981, p. 1898, § 3; Ga. L. 1999, p. 81, § 43; Ga. L. 2000, p. 1706, § 19.)

Editor's notes.

- Ga. L. 1981, p. 1898, § 5, not codified by the General Assembly, provided that that Act, § 3 of which amended this Code section, was not to be applicable to the Georgia Real Estate Commission and its functions, powers, and duties.

OPINIONS OF THE ATTORNEY GENERAL

Purpose of provisions.

- Intention of Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) was to require that qualifying veterans be allowed a preference in grants of professional licenses or certificates of registration. 1976 Op. Att'y Gen. No. 76-21.

Provisions mandatory, leaving board no discretion.

- As each section employs the word "shall" in the statute's provisions, Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) were mandatory and allows the board no discretion in application of preference points in appropriate cases. 1976 Op. Att'y Gen. No. 76-21.

Veterans' preference points should be credited to examination scores of eligible candidates for registration by the State Board of Examination, Qualification, and Registration of Architects. 1976 Op. Att'y Gen. No. 76-21.

Board should ascertain numerical score when "fail" grade is reported.

- Board should consult with the board's grading service to determine if a numerical score could be provided in those cases in which a "fail" grade is presently reported; the board might also consider the possibility of grading the board's own examinations to determine a numerical score. 1976 Op. Att'y Gen. No. 76-21.

RESEARCH REFERENCES

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 48 et seq.

43-1-13. Inapplicability of veteran credit provisions to applicants who were not honorably discharged.

The provisions of Code Sections 43-1-9 through 43-1-12 relating to points to be allowed to veterans shall apply to any applicant, male or female, who comes within the classes specified in those Code sections except that such provisions shall not apply in any instance to an applicant who has not been honorably discharged.

(Ga. L. 1960, p. 1172, § 5.)

OPINIONS OF THE ATTORNEY GENERAL

Purpose of provisions.

- Intention of Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) was to require that qualifying veterans be allowed a preference in grants of professional licenses or certificates of registration. 1976 Op. Att'y Gen. No. 76-21.

Veterans' preference points should be credited to examination scores of eligible candidates for registration by the State Board for Examination, Qualification, and Registration of Architects. 1976 Op. Att'y Gen. No. 76-21.

Provisions mandatory, leaving board no discretion.

- As each section employs the word "shall" in the statute's provisions, Ga. L. 1960, p. 1172, §§ 1-5 (see now O.C.G.A. §§ 43-1-9 through43-1-13) were mandatory and allows the board no discretion in application of preference points in appropriate cases. 1976 Op. Att'y Gen. No. 76-21.

Board should ascertain numerical score when "fail" grade is reported.

- Board should consult with the board's grading service to determine if a numerical score could be provided in those cases in which a "fail" grade is presently reported; the board might also consider the possibility of grading the board's own examinations to determine a numerical score. 1976 Op. Att'y Gen. No. 76-21.

RESEARCH REFERENCES

Am. Jur. 2d.

- 77 Am. Jur. 2d, Veterans and Veterans' Laws, § 116 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 48 et seq.

43-1-14. Authority of Governor to appoint qualified persons to professional licensing boards.

The Governor is authorized to appoint any person who is otherwise qualified as provided by law to serve as a member of any professional licensing board for a regular term or for an unexpired term, notwithstanding the fact that the law creating such board requires the Governor to appoint members from a list of nominees submitted by a private organization or association.

(Ga. L. 1980, p. 1162, § 1; Ga. L. 2000, p. 1706, § 19.)

Cross references.

- Appointment powers of Governor generally, § 45-12-50 et seq.

Law reviews.

- For article, "Legislative Delegation of Executive Power of Appointment to Private Organizations Held Unconstitutional," see 16 Ga. St. B.J. 129 (1980).

43-1-15. Itinerant entertainers.

  1. All carnivals, road shows, and tent shows and all other itinerant entertainment not presented within any regularly licensed theater, auditorium, or other building permitted to be used for the offering of entertainment for value shall, before opening to the public or offering any amusement, entertainment, or other service to the public for value within this state:
    1. Designate a resident of this state as agent and lawful attorney in fact upon whom may be served all summons or other lawful processes in any action or proceeding against such carnival, circus, road show, tent show, or other itinerant show or itinerant entertainment for any action arising as a result of its appearance in this state. The name and address of such resident agent shall be filed with the judge of the probate court of each county in which such carnival, circus, or show is to be held. If no resident agent has been designated, the Secretary of State shall become such agent with all the foregoing authority, and service of such process shall be made by serving a copy of the petition with process attached thereto on the Secretary of State or an employee in his office designated by the Secretary of State as an agent to receive service in his name, or his successor in office, along with a copy of the affidavit to be submitted to the court pursuant to this Code section, and such service shall be sufficient service upon any such carnival, circus, or show, provided that notice of such service and a copy of the petition and process are forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff or his agent to the defendant, if its address is known, and that the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and are filed with said summons, petition, and other papers in the case in the court in which the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section;
    2. Secure an insurance policy or a bond, affording coverage to such carnival, circus, or show for the extent of its stay within this state, which insurance policy or bond shall be subject to any personal injury or death or property damages to the following limits:
      1. An indemnity bond subject to a limit of $100,000.00; or
      2. An insurance policy or public liability bond subject to a limit of $50,000.00 for personal injury or death or property damage sustained by any one person and subject to a limit of $100,000.00 for personal injuries or death or property damages sustained by two or more persons as a result of any one accident or event; and
    3. File a copy of such insurance policy or bond with the judge of the probate court in the county where the carnival, circus, or show is to be held or with both the judge of the probate court and the Secretary of State. The Secretary of State is authorized and directed to issue, upon the request of any carnival, circus, or show filing a copy of such insurance policy or bond in his office, a certificate of filing, stating the coverage afforded by the policy or bond and the effective dates, which certificate may be filed with the judge of the probate court of the county where the carnival, circus, or show is to be held in lieu of a copy of the policy or bond. The Secretary of State is authorized to prescribe and require such terms and conditions in such policies as he may deem necessary or advisable to protect the interests of the public in carrying out the purposes of this Code section, and he is further authorized to prescribe and require use of a standard form of bond and policy for use under this Code section.
  2. Any owner, manager, employee, or other person, excluding landowners on whose land a carnival, circus, road show, or itinerant show is operated, who shall cause or grant permission, either actual or constructive, to any carnival, circus, road show, tent show, or other itinerant show or itinerant entertainment or any part thereof to operate in violation of this Code section shall be guilty of a misdemeanor.

(Ga. L. 1957, p. 406, §§ 1, 2; Ga. L. 1959, p. 106, § 1; Ga. L. 1959, p. 160, § 1; Ga. L. 1965, p. 235, § 1; Ga. L. 1983, p. 1474, § 3; Ga. L. 1984, p. 22, § 43; Ga. L. 1989, p. 364, § 3; Ga. L. 1994, p. 97, § 43; Ga. L. 2000, p. 1589, § 3.)

Cross references.

- Obtaining fire prevention regulatory license by traveling motion picture shows, carnivals, and circuses, § 25-2-20.

Authority of counties to impose license fees on carnivals or circuses, §§ 48-13-9,48-13-10.

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to paragraph (a)(1) is applicable with respect to notices delivered on or after July 1, 2000.

OPINIONS OF THE ATTORNEY GENERAL

Bonds and liability policies filed under this section include coverage for property damage and personal injuries. 1958-59 Op. Att'y Gen. p. 22.

RESEARCH REFERENCES

ALR.

- Validity of statute or ordinance which requires liability or indemnity insurance or bond as condition of license for conducting business or profession, 120 A.L.R. 950.

43-1-16. Senate confirmation of appointments to professional licensing boards.

Each person appointed by the Governor as a member of a professional licensing board shall be confirmed by the Senate; and any such appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate.

(Code 1981, §43-1-16, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19.)

43-1-17. Removal from office of member of a professional licensing board.

The Governor, after notice and opportunity for hearing, may remove from office any member of a professional licensing board for any of the following:

  1. Inability or neglect to perform the duties required of members;
  2. Incompetence; or
  3. Dishonest conduct.

(Code 1981, §43-1-17, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19.)

43-1-18. Eligibility of consumer members of professional licensing boards to vote on all matters.

Without affecting the eligibility to vote of any other member of a professional licensing board, each consumer member of a professional licensing board shall be eligible to vote on all matters brought before that board.

(Code 1981, §43-1-18, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19.)

43-1-19. Grounds for refusing to grant or revoking licenses; application of Administrative Procedure Act; subpoena powers; disciplinary actions; judicial review; reinstatement; investigations; complaints; surrender; probationary license.

  1. A professional licensing board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has:
    1. Failed to demonstrate the qualifications or standards for a license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires;
    2. Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board;
    3. Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph, paragraph (4) of this subsection, and subsection (q) of this Code section, the term "felony" shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph and subsection (q) of this Code section, the term "conviction" shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
      1. Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, when:
        1. A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of Title 42 or another state's first offender laws;
        2. A sentence for such offense was imposed pursuant to subsection (a) or (c) of Code Section 16-13-2;
        3. A sentence for such offense was imposed as a result of a plea of nolo contendere; or
        4. An adjudication of guilt or sentence was otherwise withheld or not entered on the charge.
      2. An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2, Article 3 of Chapter 8 of Title 42, or another state's first offender treatment order shall be conclusive evidence of an arrest and sentencing for such offense;
    4. Had his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;
    5. Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public that materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this title or is of a nature likely to jeopardize the interest of the public; such conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Such conduct or practice shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of the business or profession licensed under this title;
    6. Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a professional licensing board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
    7. Violated a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority without regard to whether the violation is criminally punishable when such statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title and when the licensee or applicant knows or should know that such action violates such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement;
    8. Been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for so long as the adjudication of incompetence is in effect;
    9. Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material; or
    10. Failed to comply with an order for child support as defined by Code Section 19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the child support agency within the Department of Human Services indicating that the applicant or licensee has come into compliance with an order for child support so that a license may be issued or granted if all other conditions for licensure are met.
  2. The provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.
  3. For purposes of this Code section, a professional licensing board may obtain, through subpoena by the division director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board.
  4. When a professional licensing board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to the business or profession licensed by the board, the board may take any one or more of the following actions:
    1. Refuse to grant or renew a license to an applicant;
    2. Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;
    3. Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of such license;
    4. Limit or restrict any license as the board deems necessary for the protection of the public;
    5. Revoke any license;
    6. Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct;
    7. Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession; or
    8. Impose on a licensee or applicant fees or charges in an amount necessary to reimburse the professional licensing board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding.
  5. In addition to and in conjunction with the actions described in subsection (d) of this Code section, a professional licensing board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which may be vacated upon noncompliance with such reasonable terms as the board may impose.
  6. Initial judicial review of a final decision of a professional licensing board shall be had solely in the superior court of the county of domicile of the board. The court may assess reasonable and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of any party or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification or when such appeal or any part thereof was interposed for delay or harassment or if it finds that an attorney or aggrieved party unnecessarily expanded the proceeding by other improper conduct. As used in this subsection, the term "lacked substantial justification" means substantially frivolous, substantially groundless, or substantially vexatious.
  7. In its discretion, a professional licensing board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section or the laws relating to the licensed business or profession.
    1. The division director is vested with the power and authority to make, or cause to be made through employees or agents of the division, such investigations as he or she or a respective board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a professional licensing board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or his or her appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of the licensed business or profession subject to regulation or licensing by such board may have taken place.
    2. The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.
    3. If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public.
    4. The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant.
    5. When a member of the public files a complaint with a professional licensing board or the division director against a licensee, within 30 days after the conclusion of the investigation of such complaint, the professional licensing board or the division director shall notify the complainant of the disposition of such complaint. Such notification shall include whether any action was taken by the board with regard to such complaint and the nature of such action. In addition, the division director and the board shall upon request by the complainant advise the complainant as to the status of the complaint during the period of time that such complaint is pending.
  8. A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice a business or profession licensed under this title or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to a professional licensing board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice the business or profession licensed by the board shall be immune from civil and criminal liability for so testifying.
  9. Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; notice and hearing within the meaning of such chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant.
  10. If any licensee or applicant after reasonable notice fails to appear at any hearing of the professional licensing board for that licensee or applicant, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant or served by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is served by certified mail or statutory overnight delivery and is returned marked "unclaimed" or "refused" or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the division director, or his or her designee, shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon that director, or that director's designee, shall be deemed to be service upon the licensee or applicant.
  11. The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of such license, subject to reinstatement in the discretion of a board. A board may restore and reissue a license to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that board.
  12. This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, limited liability companies, or other associations of any kind whatsoever.
  13. Regulation by a professional licensing board of a business or profession licensed under this title shall not exempt that business or profession from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975."
  14. Subsections (a), (d), and (e) of this Code section shall be supplemental to and shall not operate to prohibit any professional licensing board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for that particular board. In cases where those other provisions of law so authorize other disciplinary grounds and actions but subsection (a), (d), or (e) of this Code section limits such grounds or actions, those other provisions shall apply so long as the requirements of subsection (q) of this Code section are met.
    1. Notwithstanding any other provision of this Code section or title, when an applicant submits his or her application for licensure or renewal, together with proof of completion of a drug court division as set forth in Code Section 15-1-15, a mental health court division as set forth in Code Section 15-1-16, a veterans court division as set forth in Code Section 15-1-17, an operating under the influence court division as set forth in Code Section 15-1-19, or a family treatment court division as set forth in Code Section 15-11-70, a board shall issue the applicant a probationary license under the terms and conditions deemed appropriate by such board.
    2. Paragraph (1) of this subsection shall not supersede a board's consideration of an applicant's other prior criminal history or arrests or convictions that occur subsequent to completion of a court division identified in paragraph (1) of this subsection.
    1. Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or any other provision of law, and unless a felony or crime involving moral turpitude directly relates to the occupation for which the license is sought or held, no professional licensing board shall refuse to grant a license to an applicant therefor or shall revoke the license of an individual licensed by that board due solely or in part to such applicant's or licensee's:
      1. Conviction of any felony or any crime involving moral turpitude, whether it occurred in the courts of this state or any other state, territory, or country or in the courts of the United States;
      2. Arrest, charge, and sentence for the commission of such offense;
      3. Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another state's first offender laws;
      4. Sentence for such offense pursuant to subsection (a) or (c) of Code Section 16-13-2;
      5. Sentence for such offense as a result of a plea of nolo contendere; or
      6. Adjudication of guilt or sentence was otherwise withheld or not entered.
    2. In determining if a felony or crime involving moral turpitude directly relates to the occupation for which the license is sought or held, the professional licensing board shall consider:
      1. The nature and seriousness of such felony or crime involving moral turpitude and the relationship of such felony or crime involving moral turpitude to the occupation for which the license is sought or held;
      2. The age of the individual at the time such felony or crime involving moral turpitude was committed;
      3. The length of time elapsed since such felony or crime involving moral turpitude was committed;
      4. All circumstances relative to such felony or crime involving moral turpitude, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of such felony or crime involving moral turpitude; and
      5. Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the license is sought or held.

(Code 1981, §43-1-19, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 1990, p. 1965, § 2; Ga. L. 1993, p. 123, § 4; Ga. L. 1994, p. 97, § 43; Ga. L. 1996, p. 453, § 13; Ga. L. 1996, p. 776, §§ 1, 2; Ga. L. 1997, p. 677, § 2; Ga. L. 1998, p. 1094, § 10; Ga. L. 2000, p. 1589, § 3; Ga. L. 2000, p. 1706, § 6; Ga. L. 2003, p. 422, § 1; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2015, p. 519, § 3-1/HB 328; Ga. L. 2016, p. 443, § 10-1/SB 367; Ga. L. 2016, p. 846, § 43/HB 737; Ga. L. 2018, p. 550, § 2-20/SB 407; Ga. L. 2019, p. 462, § 1-11/SB 214.)

The 2015 amendment, effective July 1, 2015, added subsection (p).

The 2016 amendments. The first 2016 amendment, effective July 1, 2016, near the beginning of paragraph (a)(3), near the middle of paragraph (a)(2), substituted "practiced" for "or practiced"; substituted ", paragraph (4) of this subsection, and subsection (q) of this Code section" for ", and paragraph (4) of this subsection" and near the end inserted "and subsection (q) of this Code section"; near the middle of paragraph (a)(5), substituted "board; had other" for "board; or had other" and substituted "board; was denied" for "board; or has denied"; near the beginning of paragraph (a)(6), substituted "that" for ", which conduct or practice"; near the middle substituted "title or is of a nature likely to jeopardize the interest of the public; such" for "title, or of a nature likely to jeopardize the interest of the public, which" and near the end substituted ". Such conduct or practice" for "; unprofessional conduct"; near the middle of paragraph (a)(8), substituted "without" for "(without"; substituted "punishable when such" for "punishable), which", substituted "title and" for "title," and substituted "violates" for "is violative of" and near the end of paragraph (a)(9) substituted "so long" for "as long"; near the end of paragraph (a)(10), substituted "illness or the" for "illness," near the end of paragraph (a)(12), substituted "be issued or" for "issue or be"; near the end of paragraph (d)(3), substituted "such" for "'said"; near the end of subsection (e), deleted "probation" following "probation, which"; near the end of subsection (f), inserted 'the term"; near the middle of subsection (j), substituted "such" for "said"; near the beginning of subsection (1), substituted "such" for "said" near the end of subsection (o), substituted "limits" for "limit" and inserted "so long as the requirements of subsection (q) of this Code section are met" at the end; near the middle of paragraph (p)(1), deleted "program," following "court division" and inserted "a mental health court division as set forth in Code Section 15-1-16, a veterans court division as set forth in Code Section 15-1-17, an operating under the influence court division as set forth in Code Section 15-1-19, or a family treatment court division as set forth in Code Section 15-11-70,"; near the end of paragraph (p)(2), substituted "court division identified in paragraph (1) of this subsection" for "drug court division program"; and added subsection (q). The second 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted "limits" for "limit" near the end of subsection (o).

The 2018 amendment, effective July 1, 2018, substituted the present provisions of paragraph (a)(4) for the former provisions, which read: "Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:

"(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or

"(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere.

"The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;"; substituted the present provisions of paragraph (q)(1) for the former provisions, which read: "Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or any other provision of law, no professional licensing board shall refuse to grant a license to an applicant therefor or shall revoke the license of a person licensed by that board due solely or in part to a conviction of any felony or due to any arrest, charge, and sentence for the commission of any felony unless such felony directly relates to the occupation for which the license is sought or held."; in paragraph (q)(2), inserted "or crime involving moral turpitude" and substituted "such felony" for "the felony" throughout and substituted "individual" for "person" in subparagraph (q)(2)(B).

The 2019 amendment, effective July 1, 2019, added "or" at the end of paragraph (a)(10); substituted a period for "; or" at the end of paragraph (a)(11); and deleted former paragraph (a)(12), which read: "Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the applicant or licensee has entered into satisfactory repayment status so that a license may be issued or granted if all other conditions for licensure are met."

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, paragraph (d)(9) as added by Ga. L. 1996, p. 776, § 1, was redesignated as paragraph (d)(8).

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (k) is applicable with respect to notices delivered on or after July 1, 2000.

Law reviews.

- For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016). For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018). For note, "Give It to Me, I'm Worth It: The Need to Amend Georgia's Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector," see 52 Ga. L. Rev. 267 (2017).

JUDICIAL DECISIONS

Licensee must be allowed access to information.

- Licensee facing the possibility of the loss of a license/livelihood must be allowed access to information held by the board that is exculpatory. Wills v. Composite State Bd. of Medical Exmrs., 259 Ga. 549, 384 S.E.2d 636 (1989).

Release of file not prohibited under

§ 43-1-19(h)(2). - When the plaintiff sought portions of the board's file for the express purpose of preparing for a hearing before the board, the release of the file was not prohibited by O.C.G.A. § 43-1-19(h)(2) or other statutory provisions. Wills v. Composite State Bd. of Medical Exmrs., 259 Ga. 549, 384 S.E.2d 636 (1989).

Statements to board made in good faith privileged.

- Attorney's statements about a psychologist to the State Board of Examiners of Psychologists were privileged under O.C.G.A. § 43-1-19(i) because the statements were made in good faith because of a concern that the psychologist's custody recommendations were improperly made without a proper evaluation of both parents, the children, and relevant witnesses to the detriment of the children involved in the cases in which the psychologist testified; thus, the attorney could not be held liable in the psychologist's action claiming tortious interference with the psychologist's business relations, contracts, trade, and profession. Farrar v. Macie, 297 Ga. App. 192, 676 S.E.2d 840 (2009).

Judicial review not precluded by issuance of letter of concern.

- When the Georgia Board of Dentistry conducted an adjudicatory hearing, made findings of fact justifying discipline, and issued a letter of concern, the fact that the Board could have issued a letter of concern without such procedures did not preclude judicial review since the sanction was issued as the result of contested case proceedings. Thebaut v. Georgia Bd. of Dentistry, 235 Ga. App. 194, 509 S.E.2d 125 (1998).

Immunity from civil liability provided under O.C.G.A. § 43-1-19(i) for reporting violations by licensed persons is applicable to only the professions and occupations licensed under that title. Attorneys are governed by other statutes and regulations not included in Title 43. Jefferson v. Stripling, 316 Ga. App. 197, 728 S.E.2d 826 (2012).

No contested case for review.

- Because no hearing was required by law before the denial of the applicant's license, the Georgia Board of Examiners of Psychologists' denial of the applicant's license application did not present a contested case subject to judicial review and the trial court properly denied judicial review of the denial of the application and limited the court's review to issues related to the Board's denial of the request for a waiver of the requirement that the applicant reside full-time at school for at least one year. Welcker v. Ga. Bd. of Examiners of Psychologists, 340 Ga. App. 853, 798 S.E.2d 368 (2017).

OPINIONS OF THE ATTORNEY GENERAL

Power of board to restore license revoked for failure to renew.

- State Board of Physical Therapy may, in the board's discretion, require an individual whose license has been revoked by operation of law for failure to renew the license by the end of an established penalty period to comply with all relevant requirements for the issuance of a new license as a condition of reinstatement. 1984 Op. Att'y Gen. No. 84-64.

Construction with

§ 43-33-16 or § 43-33-18(c). - To the extent that subsections (g) and (l) of O.C.G.A. § 43-1-19 are later legislative enactments than O.C.G.A. § 43-33-16 or O.C.G.A. § 43-33-18(c), subsection (g) and (l) of O.C.G.A. § 43-1-19 would control in the case of a conflict. 1984 Op. Att'y Gen. No. 84-64.

Only actual conflict between O.C.G.A. §§ 43-1-19(g) and (l) and43-33-16 relates to the discretion of the State Board of Physical Therapy to restore a license and to impose conditions therefor. 1984 Op. Att'y Gen. No. 84-64.

Quorum.

- Majority of the total number of positions on a given licensing board is required to constitute a quorum as identified in O.C.G.A. § 43-1-2(h), and a majority of such quorum is necessary for board actions other than the specific actions set forth in O.C.G.A. § 43-1-19(a), which requires an affirmative finding by a majority of the board. 2003 Op. Att'y Gen. No. 03-6.

RESEARCH REFERENCES

ALR.

- Improper or immoral sexually related conduct toward patient as ground for disciplinary action against physician, dentist, or other licensed healer, 59 A.L.R.4th 1104.

43-1-19.1. Waiver of deductibles or copayments in health insurance plans; deceptive or misleading advertising.

  1. For the purposes of applicable provisions of Code Section 43-1-19, it shall be considered a deceptive or misleading practice for any person duly licensed and authorized to provide any type of health care services to advertise, as an inducement to attract patients, the waiver of a deductible or copayment required to be made to such person under the patient's health insurance policy or plan.
  2. This Code section shall not apply to nonprofit community health centers which primarily serve indigent patients.
  3. Notwithstanding the provisions of any other law of this Code to the contrary, it shall not be considered a misleading, fraudulent, or deceptive act for a provider to waive occasionally such a deductible or copayment required to be made under the patient's health insurance contract, policy, or plan if the waiver is authorized by the insurer or if the waiver is based on an evaluation of the individual patient and is not a regular business practice of the person providing the health care services.

(Code 1981, §43-1-19.1, enacted by Ga. L. 1992, p. 2488, § 1.)

43-1-19.2. License applications to include questions on prior revocation or denial of license.

Each application for a license to practice a profession or business to be issued by a professional licensing board or any agency of the state shall include a question as to whether the applicant for such license:

  1. Has had revoked or suspended or otherwise sanctioned any license issued to the applicant by any board or agency in Georgia or any other state; or
  2. Was denied issuance of or, pursuant to disciplinary proceedings, refused renewal of a license by any board or agency in Georgia or any other state.

    The question shall be answered under oath and the answer shall include the name of the board or agency which revoked, suspended, denied, refused renewal of, or otherwise sanctioned the license.

(Code 1981, §43-1-19.2, enacted by Ga. L. 1993, p. 427, § 1; Ga. L. 2000, p. 1706, § 19.)

43-1-20. Actions to enjoin unlicensed practice.

A professional licensing board, the division director, or the appropriate prosecuting attorney may bring an action to enjoin the unlicensed practice by any person of a profession or business required to be licensed by a professional licensing board. The action to restrain and enjoin such unlicensed practice shall be brought in the superior court of the county where the unlicensed person resides. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction under this Code section.

(Code 1981, §43-1-20, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19.)

43-1-20.1. Cease and desist orders against persons practicing without a license; fine for violating order.

  1. Notwithstanding any other provisions of the law to the contrary, after notice and hearing, a professional licensing board may issue a cease and desist order prohibiting any person from violating the provisions of this title by engaging in the practice of a business or profession without a license.
  2. The violation of any cease and desist order of a professional licensing board issued under subsection (a) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 for each transaction constituting a violation thereof. Each day that a person practices in violation of this title shall constitute a separate violation.
  3. Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board.
  4. Nothing in this Code section shall be construed to prohibit a professional licensing board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

(Code 1981, §43-1-20.1, enacted by Ga. L. 1986, p. 1155, § 1; Ga. L. 1990, p. 1965, § 3; Ga. L. 2000, p. 1706, § 19.)

Cross references.

- Cease and desist order violations, § 43-14-12.1.

Law reviews.

- For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).

43-1-21. Release of information regarding investigations.

The division director is authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by that board or licensee of that board notwithstanding the provisions of subsection (h) of Code Section 43-1-19 or any other law to the contrary regarding the confidentiality of that information. Nothing in this Code section or chapter shall be construed to prohibit or limit the authority of that director to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by a professional licensing board.

(Code 1981, §43-1-21, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 1997, p. 677, § 3; Ga. L. 2000, p. 1706, § 7.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2000, "professional licensing" was substituted for "state examining" in the last sentence.

43-1-22. Inactive status licenses.

The division director may provide for inactive status licenses for the various professional licensing boards.

(Code 1981, §43-1-22, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 8.)

43-1-23. Exemption of licensees of professional licensing boards from filing with clerk of superior court.

No licensee of a professional licensing board shall be required to file or record his license with the clerk of the superior court, and no clerk shall be required to report the filing or recordation of any such license.

(Code 1981, §43-1-23, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19.)

43-1-24. Licensed professionals subject to regulation by professional licensing board.

Any person licensed by a professional licensing board and who practices a "profession," as defined in Chapter 7 of Title 14, the "Georgia Professional Corporation Act," or who renders "professional services," as defined in Chapter 10 of Title 14, "The Georgia Professional Association Act," whether such person is practicing or rendering services as a proprietorship, partnership, professional corporation, professional association, other corporation, limited liability company, or any other business entity, shall remain subject to regulation by that professional licensing board, and such practice or rendering of services in that business entity shall not change the law or existing standards applicable to the relationship between that person rendering a professional service and the person receiving such service, including but not limited to the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such persons.

(Code 1981, §43-1-24, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 1993, p. 123, § 5; Ga. L. 1999, p. 81, § 43; Ga. L. 2000, p. 1706, § 19.)

JUDICIAL DECISIONS

"Professional" defined for malpractice act.

- Legislature intended for the term "professional" as used in O.C.G.A. § 9-11-9.1 to be defined by O.C.G.A. §§ 14-7-2(2),14-10-2(2), and43-1-24. Gillis v. Goodgame, 262 Ga. 117, 414 S.E.2d 197 (1992).

Affidavit requirements of O.C.G.A. § 9-11-9.1 apply only to those professions recognized under Georgia law in O.C.G.A. §§ 14-7-2(2),14-10-2(2), and43-1-24. Gillis v. Goodgame, 262 Ga. 117, 414 S.E.2d 197 (1992).

Affidavit requirement applies against a hospital not only when liability is based upon the doctrine of respondeat superior but when it is further grounded upon the averment of acts or omissions requiring the exercise of professional skill and judgment by agents or employees who themselves are recognized as "professionals" under O.C.G.A. §§ 14-7-2(2),14-10-2(2), and43-1-24. Dozier v. Clayton County Hosp. Auth., 206 Ga. App. 62, 424 S.E.2d 632 (1992).

O.C.G.A. § 9-11-9.1 applies only to those licensed professions regulated by state examining boards when licensure is predicated upon successful completion of the specialized schooling or training necessary to obtain the expertise to practice that profession. Harrell v. Lusk, 263 Ga. 895, 439 S.E.2d 896 (1994).

Cited in Carolina Cas. Ins. Co. v. R.L. Brown & Assocs., F. Supp. 2d (N.D. Ga. Sept. 29, 2006).

43-1-25. Authority of professional licensing boards to promulgate rules and regulations.

Except as provided in subsection (o) of Code Section 43-1-19, Code Sections 43-1-16 through 43-1-24 shall apply to all professional licensing boards and licenses thereunder, except the Georgia Real Estate Commission and its licensees, notwithstanding any other law to the contrary, and each such professional licensing board may promulgate rules and regulations to implement the authority provided by the applicability of said provisions to said boards.

(Code 1981, §43-1-25, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19.)

43-1-26. Exemption of credentialed persons from licensure, registration, or certification in the state in connection with the Olympic and Paralympic Games; conditions and limitations; consent for certain medical services; automatic repeal.

Reserved. Repealed by Ga. L. 1994, p. 480, § 1, effective December 31, 1996.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2008, the designation of this Code section was reserved.

Editor's notes.

- This Code section was based on Code 1981, § 43-1-26, enacted by Ga. L. 1994, p. 480, § 1.

43-1-27. Licensee required to notify licensing authority of felony conviction.

Any licensed individual who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph (3) of subsection (a) of Code Section 43-1-19 shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction. The failure of a licensed individual to notify the appropriate licensing authority of a conviction shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed profession.

(Code 1981, §43-1-27, enacted by Ga. L. 1996, p. 776, § 3.)

43-1-28. Volunteers in health care specialties.

  1. This Code section shall be known and may be cited as the "Georgia Volunteers in Health Care Specialties Act."
  2. As used in this Code section, the term:
    1. "Health care board" means that professional licensing board which licenses a health care practitioner under this title.
    2. "Health care practitioner" means a chiropractor, registered professional nurse, podiatrist, optometrist, professional counselor, social worker, marriage and family therapist, occupational therapist, physical therapist, physician assistant, licensed practical nurse, certified nurse midwife, pharmacist, speech-language pathologist, audiologist, psychologist, or dietitian.
    3. "Health care specialty" means the practice of chiropractic, nursing, podiatry, optometry, professional counseling, social work, marriage and family therapy, occupational therapy, physical therapy, physician assistance, midwifery, pharmacy, speech-language pathology, audiology, psychology, or dietetics.
    4. "Unrestricted" means that no restrictions have been placed on a health care practitioner's license by a health care board, no sanctions or disciplinary actions have been imposed by a health care board on a health care practitioner, and a health care practitioner is not under probation or suspension by a health care board.
  3. Notwithstanding any other provision of law, each health care board shall issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license shall only be issued to a person who:
    1. Is currently licensed to practice the applicable health care specialty in any health care specialty licensing jurisdiction in the United States and whose license is unrestricted and in good standing; or
    2. Is retired from the practice of the health care specialty or, in the case of a physician assistant, has an inactive license and is not currently engaged in such practice either full time or part time and has, prior to retirement or attaining inactive status, maintained full licensure unrestricted in good standing in the applicable health care specialty licensing jurisdiction in the United States.
  4. The special licensee shall be permitted to practice the health care specialty only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide health care specialty services only to indigent patients in areas which are underserved by that specialty or critical need population areas of the state, as determined by the board which licenses that specialty, or pursuant to Article 8 of Chapter 8 of Title 31.
  5. The person applying for the special license under this Code section shall submit to the appropriate health care board a copy of his or her health care specialty degree, a copy of his or her health care specialty license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, association, or health care program on a form prescribed by that board, whereby he or she agrees unequivocally not to receive compensation for any health care specialty services he or she may render while in possession of the special license.
  6. Examinations by the health care board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section.
  7. If, at the time application is made for the special license, the health care practitioner is not in compliance with the continuing education requirements established by the health care board for the applicable health care specialty, the health care practitioner shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
    1. Except as provided for in paragraph (2) of this subsection, the liability of persons practicing a health care specialty under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1, except that a podiatrist engaged in such practice and an employer thereof shall have the same immunity from liability as provided other health care practitioners under Code Section 51-1-29.1.
    2. The liability of persons practicing a health care specialty pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by the provisions of such article.
  8. This Code section, being in derogation of the common law, shall be strictly construed.

(Code 1981, §43-1-28, enacted by Ga. L. 2000, p. 1406, § 1; Ga. L. 2002, p. 639, § 1; Ga. L. 2005, p. 1493, § 2/HB 166; Ga. L. 2008, p. 324, § 43/SB 455; Ga. L. 2008, p. 354, § 3/HB 1222; Ga. L. 2009, p. 859, § 3/HB 509.)

Cross references.

- "Health Share" volunteers in medicine, T. 31, C. 8, A. 8.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2000, "professional licensing" was substituted for "state examining" in paragraph (b)(1).

Pursuant to Code Section 28-9-5, in 2002, "Specialties" was substituted for "Specialities" in subsection (a).

Editor's notes.

- Ga. L. 2002, p. 639, § 1(c)(1), not codified by the General Assembly, provides: "The provisions of Code Section 43-1-28 of the Official Code of Georgia Annotated, the 'Georgia Volunteers in Health Care Specialties Act,' which were in effect and applicable on January 1, 2002, shall remain in effect and applicable until and unless changed by future Act of the General Assembly."

Ga. L. 2005, p. 1493, § 7/HB 166, provides that the 2005 amendment becomes effective only when funds are specifically appropriated for purposes of that Act in an appropriations Act making specific reference to that Act. Funds were appropriated at the 2005 session of the General Assembly.

43-1-29. Suspension of license for nonpayment of student loans prohibited.

A professional licensing board shall not suspend the license of a person licensed by that board because he or she is a borrower in default under the Georgia Higher Education Loan Program as determined by the Georgia Higher Education Assistance Corporation or because he or she has been certified by any entity of the federal government for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program.

(Code 1981, §43-1-29, enacted by Ga. L. 2001, p. 1066, § 1; Ga. L. 2019, p. 462, § 1-12/SB 214.)

The 2019 amendment, effective July 1, 2019, rewrote this Code section, which read: "A professional licensing board shall suspend the license of a person licensed by that board who has been certified by a federal agency and reported to the board for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program. Prior to the suspension, the licensee shall be entitled to notice of the board's intended action and opportunity to appear before the board according to procedures set forth by the division director in rules and regulations. A suspension of a license under this Code section is not a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A license suspended under this Code section shall not be reinstated or reissued until the person provides the licensing board a written release issued by the reporting agency stating that the person is making payments on the loan or satisfying the service requirements in accordance with an agreement approved by the reporting agency. If the person has continued to meet all other requirements for licensure during the period of suspension, reinstatement of the license shall be automatic upon receipt of the notice and payment of any reinstatement fee which the board may impose."

Cross references.

- Georgia Higher Education Assistance Corporation, § 20-3-260 et seq.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2001, "Procedure" was substituted for "Procedures" in the third sentence.

Law reviews.

- For note on the 2001 enactment of this Code section, see 18 Georgia. St. U.L. Rev. 256 (2001).

43-1-30. Collection of work force and demographic data; procedure for collection and utilization.

Reserved. Repealed by Ga. L. 2002, p. 615, § 3, effective December 31, 2007.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2008, the designation of this Code section was reserved.

Editor's notes.

- This Code section was based on Code 1981, § 43-1-30, enacted by Ga. L. 2002, p. 615, § /3.

43-1-31. Expiration of professional licenses of service members on active duty outside of state.

  1. As used in this Code section, the term "service member" means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer.
  2. Any service member whose license to practice a profession issued pursuant to any provision of this title expired while such service member was serving on active duty outside the state shall be permitted to practice such profession in accordance with such expired license and shall not be charged with a violation of this title related to practicing a profession with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the applicable professional licensing board either a copy of the official military orders or a written verification signed by the service member's commanding officer to waive any charges.

(Code 1981, §43-1-31, enacted by Ga. L. 2005, p. 213, § 6/SB 258.)

43-1-32. Limitations on licensure requirements for physicians and dentists; conditioning of licensing upon participation in public or private health insurance plans prohibited.

  1. State licensure requirements for physicians and dentists in this state shall be granted based on demonstrated skill and academic competence. Licensure approval for physicians and dentists in this state shall not be conditioned upon or related to participation in any public or private health insurance plan, public health care system, public service initiative, or emergency room coverage.
  2. The Georgia Composite Medical Board and the Georgia Board of Dentistry shall be solely responsible for the licensure of physicians and dentists, respectively, in this state.

(Code 1981, §43-1-32, enacted by Ga. L. 2012, p. 348, § 1/HB 785.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2012, Code Section 33-1-22, as enacted by Ga. L. 2012, p. 348, § 1, was redesignated as Code Section 43-1-32.

43-1-33. Identification by health care practitioners to patients with regard to their license; short title; legislative findings; definitions; requirements for advertisements and signage; applicability; violations.

  1. This Act shall be known and may be cited as the "Consumer Information and Awareness Act."
  2. The General Assembly hereby finds and declares that:
    1. There are numerous professional degrees that include the term "doctor," such as Doctor of Medicine (M.D.); Doctor of Osteopathy (D.O.); Doctor of Dental Surgery (D.D.S.); Doctor of Dental Medicine (D.M.D.); Doctor of Podiatric Medicine (D.P.M.); Doctor of Optometry (O.D.); Doctor of Chiropractic (D.C.); registered professional nurses or advanced practice registered nurses (nurse practitioners, clinical nurse specialists, certified nurse midwives, and certified nurse anesthetists) with doctorate degrees (D.N.P., D.N.S., Ph.D., or Ed.D.); audiologists with doctorate degrees (A.U.D.); speech-language pathologists with doctorate degrees (S.L.P.D. or Ph.D.); and other designations, which may be used by health care practitioners; and
    2. Each health care professional receives education and training that qualifies them to provide general and specialized services respectively. This training is necessary to correctly detect, diagnose, prevent, and treat serious health conditions.
  3. As used in this Code section, the term:
    1. "Advertisement" means any communication or statement, whether printed, electronic, or verbal, that names a health care practitioner in relation to his or her practice, profession, or institution in which the practitioner is employed, volunteers, or otherwise provides health care services. This term includes business cards, letterhead, patient brochures, e-mail, Internet, audio, and video.
    2. "Health care practice or facility" means a hospital, physician practice setting, nursing home, assisted living community, or personal care home.
    3. "Health care practitioner" means a:
      1. Chiropractor licensed pursuant to Chapter 9 of this title;
      2. Professional counselor, social worker, or marriage and family therapist licensed pursuant to Chapter 10A of this title;
      3. Dentist licensed pursuant to Chapter 11 of this title;
      4. Dietitian licensed or registered pursuant to Chapter 11A of this title;
      5. Advanced practice registered nurse, including nurse practitioner, certified registered nurse anesthetist, certified nurse midwife, clinical nurse specialist, registered professional nurse, and licensed practical nurse, licensed or registered pursuant to Chapter 26 of this title;
      6. Occupational therapist licensed pursuant to Chapter 28 of this title;
      7. Optometrist licensed pursuant to Chapter 30 of this title;
      8. Physical therapist licensed pursuant to Chapter 33 of this title;
      9. Physician or osteopath licensed pursuant to Chapter 34 of this title;
      10. Physician assistant licensed pursuant to Chapter 34 of this title;
      11. Acupuncturist licensed pursuant to Chapter 34 of this title;
      12. Podiatrist licensed pursuant to Chapter 35 of this title;
      13. Psychologist licensed pursuant to Chapter 39 of this title;
      14. Audiologist or speech-language pathologist licensed pursuant to Chapter 44 of this title;
      15. Pharmacist licensed pursuant to Chapter 4 of Title 26;
      16. Ophthalmic technician;
      17. Medical assistant or certified nursing assistant; and
      18. Respiratory care professional certified pursuant to Article 6 of Chapter 34 of this title.
    1. An advertisement by a health care practitioner shall identify the type of license the health care practitioner holds.
    2. This subsection shall not apply to an advertisement by a health care practice or facility and shall not be construed to require any such practice or facility in which multiple health care practitioners are employed to list in an advertisement the name of every health care practitioner so employed by such practice or facility.
    1. A health care practitioner providing services in this state in a health care practice or facility shall conspicuously post and affirmatively communicate the practitioner's specific licensure to all current and prospective patients as follows:
        1. The health care practitioner shall wear an identifier during all patient encounters that shall include:
      1. The health care practitioner's name; and
      2. The type of license or educational degree the health care practitioner holds.
        1. The identifier shall be of sufficient size and be worn in a conspicuous manner so as to be visible and apparent. A lab coat or similar distinguishing clothing or uniform indicating the practitioner's specific licensure may be considered an identifier if such clothing or uniform meets the requirements of division (i) of this subparagraph.
        2. An identifier shall not be required in an operating room or other setting where surgical or other invasive procedures are performed or in any other setting where maintaining a sterile environment is medically necessary.
        3. An identifier shall not be required in any mental health setting where it would impede the psychotherapeutic relationship.
        4. If a safety or health risk to the health care practitioner or a patient would be created as a result of the practitioner wearing such identifier in a specified practice setting, an identifier shall not be required or may be modified by omitting or concealing the last name of the practitioner in accordance with the requirements of the health care practice or facility; and
      3. A health care practitioner in a health care practice or facility other than a hospital shall display in the reception area of such practice or facility a notice that clearly identifies the type of health care practitioners employed in such practice or facility and the right of a patient to inquire as to the type of license of the health care practitioner treating such patient. The notice shall be of sufficient size so as to be visible and apparent to all current and prospective patients.
    2. A health care practitioner who practices in more than one office shall place the identifier information conspicuously on such practitioner's website if he or she maintains a website.
    3. A health care practitioner who practices in a nonpatient care setting and who does not have any direct patient care interactions shall not be subject to the provisions of this subsection.
    4. A health care practice or facility which requires, as of the effective date of this Code section, its health care practitioners to wear an identification badge shall not be required to replace such badges to conform to the requirements of subparagraph (A) of paragraph (1) of this subsection.
    5. Except as otherwise provided by paragraph (6) of this subsection, this subsection shall only apply to health care practices and facilities where more than one type of health care practitioner interacts with patients in exam settings. This subsection shall not apply to health care practices or facilities in which only one type of health care practitioner practices.
    6. This subsection shall only apply to a dentist if such dentist is practicing in a hospital. This subsection shall only apply to a chiropractor or optometrist if such chiropractor or optometrist is practicing in a hospital, nursing home, assisted living community, or personal care home.
  4. A health care practitioner who intentionally violates any provision of this Code section may be subject to disciplinary action by the health care practitioner's professional licensing board. Notwithstanding the imposition of any sanction, the health care practitioner's professional licensing board may seek an injunction or other legal means as appropriate against such health care practitioner violating this Code section.
  5. A violation of this Code section shall not constitute a private cause of action.

(Code 1981, §43-1-33, enacted by Ga. L. 2015, p. 1309, § 1/HB 416.)

Effective date.

- This Code section became effective May 12, 2015.

43-1-34. Military spouses and veterans licensure.

  1. As used in this Code section, the term:
    1. "License" means a document, permit, certificate of registration, or other authorization issued by or on behalf of a professional licensing board or other board that is required under this title for a person to engage in a profession, business, or trade.
    2. "Military" means the United States armed forces, including the National Guard.
    3. "Military spouse" means a spouse of a service member or transitioning service member.
    4. "Other board" means a board created pursuant to this title that is not a professional licensing board.
    5. "Service member" means an active or reserve member of the armed forces, including the National Guard.
    6. "Transitioning service member" means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.
  2. No later than July 1, 2017, each professional licensing board and other board shall adopt rules and regulations implementing a process by which military spouses and transitioning service members may qualify for temporary licenses, licenses by endorsement, expedited licenses, or a combination thereof for each profession, business, or trade for which a license is issued. Such process may include the issuance of a license to an applicant based upon such applicant:
    1. Holding a license from another state for which the training, experience, and testing substantially meet or exceed the requirements under this state to obtain a license; and
    2. Obtaining a specialty, certification, training, or experience in the military while a service member which substantially meets or exceeds the requirements to obtain a license in this state.
  3. Any professional licensing board or other board created after June 30, 2016, shall adopt within one year of its creation the rules and regulations required by subsection (b) of this Code section.

(Code 1981, §43-1-34, enacted by Ga. L. 2016, p. 428, § 2/HB 821.)

Effective date.

- This Code section became effective July 1, 2016.

Cross references.

- Qualification for temporary certificates for military spouses, § 20-2-200.2.

Editor's notes.

- Ga. L. 2016, p. 428, § 1/HB 821, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Military Spouses and Veterans Licensure Act.'"

CHAPTER 1A OCCUPATIONAL REGULATION LEGISLATION REVIEW

Law reviews.

- For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73A C.J.S, Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

43-1A-1. Short title.

This chapter shall be known and may be cited as the "Georgia Occupational Regulation Review Law."

(Code 1981, §43-1A-1, enacted by Ga. L. 1986, p. 803, § 1; Ga. L. 2010, p. 376, § 1/SB 149.)

43-1A-2. Legislative intent.

The General Assembly finds that the need for and the effectiveness of establishing occupational licensure and certification in this state has not been systematically evaluated. It is the purpose of this chapter to ensure that no programs of licensure and certification shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of this state. It is the further purpose of this chapter to authorize the periodic review of existing regulatory entities to ensure that the authority of such regulatory entities is applicable and necessary with relation to the current professional and business conditions of this state. Any actions of the council pursuant to this chapter are solely recommendations and shall be nonbinding.

(Code 1981, §43-1A-2, enacted by Ga. L. 1986, p. 803, § 1; Ga. L. 2010, p. 376, § 1/SB 149.)

43-1A-3. Definitions.

As used in this chapter, the term:

  1. "Applicant group" means any business or professional group or organization, any individual, or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state.
  2. "Certificate" or "certification" means a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use "certified" in the title or designation to perform prescribed occupational tasks.
  3. "Council" means the Georgia Occupational Regulation Review Council.
  4. "Grandfather clause" means a provision in a regulatory statute applicable to individuals engaged in the regulated business or profession prior to the effective date of the regulatory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
  5. "Legislative committee of reference" means the standing legislative committee designated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation introduced in their respective houses of the General Assembly to regulate any business or occupation not previously regulated.
  6. "License," "licensing," or "licensure" means authorization to engage in a business or profession which would otherwise be unlawful in the state in the absence of authorization. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed business or professional tasks, who use a particular title, or who perform those tasks and use a particular title.
  7. "Regulate" or "regulation" means the process of licensure or certification as defined in this Code section.
  8. "Regulatory entity" means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
  9. "State agency" means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law.

(Code 1981, §43-1A-3, enacted by Ga. L. 1986, p. 803, § 1; Ga. L. 1987, p. 3, § 43; Ga. L. 2010, p. 376, § 1/SB 149.)

43-1A-4. Occupational Regulation Review Council.

  1. There is created the Georgia Occupational Regulation Review Council.
  2. The council shall consist of nine members:
    1. The comptroller general or his or her designee;
    2. The Secretary of State or his or her designee;
    3. The commissioner of public health or his or her designee;
    4. The director of the Office of Planning and Budget or his or her designee;
    5. The commissioner of natural resources or his or her designee;
    6. The state revenue commissioner or his or her designee;
    7. The Commissioner of Agriculture or his or her designee;
    8. The chairperson of the legislative committee of reference or that person's designee from that committee, but only when legislation referred by such committee is being considered by the council; and
    9. The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairperson's designee from that committee, but only when legislation of which that presiding officer was notified under subsection (b) of Code Section 43-1A-5 is being considered by the council.
  3. The director of the Office of Planning and Budget or his or her designee shall serve as chairperson of the council.
  4. Legislative members of the council appointed thereto pursuant to paragraphs (8) and (9) of subsection (b) of this Code section shall receive for their attendance of meetings of the council the same expense and mileage allowance authorized for legislative members of interim legislative committees.

(Code 1981, §43-1A-4, enacted by Ga. L. 1986, p. 803, § 1; Ga. L. 1987, p. 3, § 43; Ga. L. 2009, p. 453, § 1-6/HB 228; Ga. L. 2010, p. 376, § 1/SB 149; Ga. L. 2011, p. 705, § 6-5/HB 214; Ga. L. 2013, p. 141, § 43/HB 79; Ga. L. 2015, p. 1088, § 27/SB 148.)

The 2015 amendment, effective July 1, 2015, in subsection (b), in the introductory language, substituted "nine members" for "ten members", deleted former paragraph (b)(8), which read: "The administrator of the 'Fair Business Practices Act of 1975' or his or her designee;", and renumbered former paragraphs (b)(9) and (b)(10) as present paragraphs (b)(8) and (b)(9); and substituted "paragraphs (8) and (9) of subsection (b)" for "pargaraphs (9) and (10) of subsection (b)" in subsection (d).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, in subsection (b), changed the capitalization of "natural resources" and deleted "the Department of" preceding "natural resources" in paragraph (5), and substituted "state revenue commissioner" for "commissioner of the Department of Revenue" in paragraph (6).

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

43-1A-5. Powers and duties of council.

  1. It shall be the duty of the council to:
    1. Review all bills introduced in the General Assembly to license or certify a profession or business, which is not currently licensed or certified by the state, based on the criteria outlined in Code Section 43-1A-6; and
    2. Review each existing regulatory entity that is currently regulated pursuant to this title to determine the applicability and necessity of such regulatory entity's authority with relation to the current professional and business conditions of this state. The council shall conduct such review a minimum of once every seven years. All council meetings relating to a review of an existing regulatory entity pursuant to this paragraph shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
  2. The chairperson of the legislative committee of reference shall provide written notification to the council of any proposed legislation introduced in that house of the General Assembly of which that committee is a standing committee if that legislation provides for the licensure or certification of a business or profession not currently licensed or certified by the state. That chairperson at the same time shall provide written notification of that legislation to the presiding officer of the house of the General Assembly in which that legislation was not introduced, and that presiding officer shall then appoint the chairperson of a standing committee of that house to serve as a member of the council for the purpose of considering that legislation, except that the chairperson so appointed may instead designate another member of that standing committee to serve as a member of the council for that purpose. Within a period of time not to exceed nine months from the date of such notification to the council, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report evaluating the need to regulate the business or profession based on the factors and information provided under Code Section 43-1A-7 to the chairperson of the legislative committee of reference, the committee chairperson appointed to the council pursuant to paragraph (9) of subsection (b) of Code Section 43-1A-4, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If, subsequent to a review pursuant to paragraph (2) of subsection (a) of this Code section, the council concludes changes are needed to the regulations of an existing regulatory entity, or that a regulatory entity's existence is no longer necessary or in the interests of the state, a formal report recommending such changes shall be completed and distributed in the same manner described previously herein. If the council determines a need for regulation, the report shall recommend an appropriate type of regulation and an appropriate state agency to oversee the regulation.
  3. The council shall work with the applicant group, the legislative committee of reference, and other interested parties in formulating its formal report.
  4. The head of a regulatory entity subject to review pursuant to paragraph (2) of subsection (a) of this Code section shall have the right to testify to the council to contribute its perspective and recommendations regarding potential changes to how such regulatory entity is regulated.

(Code 1981, §43-1A-5, enacted by Ga. L. 1986, p. 803, § 1; Ga. L. 2010, p. 376, § 1/SB 149; Ga. L. 2015, p. 1088, § 28/SB 148.)

The 2015 amendment, effective July 1, 2015, substituted "paragraph (9)" for "paragraph (10)" near the middle of the third sentence of subsection (b).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, "Code Section 43-1A-4" was substituted for "Code Section 41-1A-4" in the third sentence of subsection (b).

43-1A-6. Review of proposed legislation.

All bills introduced in the General Assembly to newly regulate a profession or business and all reviews of existing regulatory entities pursuant to paragraph (2) of subsection (a) of Code Section 43-1A-5 shall be reviewed according to the following criteria. In evaluating how or whether a profession or business shall hereafter be regulated, the following factors shall be considered:

  1. Whether the unregulated practice of the occupation may harm or endanger the health, safety, and welfare of citizens of this state and whether the potential for harm is recognizable and not remote;
  2. Whether the practice of the occupation requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupational ability;
  3. Whether the citizens of this state are or may be effectively protected by other means;
  4. Whether the overall cost effectiveness and economic impact would be positive for citizens of this state; and
  5. Whether there are means other than state regulation to protect the interests of the state.

(Code 1981, §43-1A-6, enacted by Ga. L. 1986, p. 803, § 1; Ga. L. 2010, p. 376, § 1/SB 149.)

43-1A-7. Required information for proposed regulation.

Applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legislative committee of reference:

  1. A definition of the problem and why regulation is necessary:
    1. The nature of the potential harm to the public if the business or profession is not regulated, and the extent to which there is a threat to public health and safety; and
    2. The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession;
  2. The efforts made to address the problem:
    1. Voluntary efforts, if any, by members of the business or profession to establish a code of ethics or help resolve disputes between the business or professional group and consumers; and
    2. Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem;
  3. The alternatives considered:
    1. Regulation of business or professional employers rather than employees;
    2. Regulation of the program or service rather than the individuals;
    3. Registration of all individuals;
    4. Certification of all individuals;
    5. Other alternatives;
    6. Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and
    7. Why licensure would serve to protect the public interest;
  4. The benefit to the public if regulation is granted:
    1. The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation;
    2. Whether the public can identify qualified individuals;
    3. The extent to which the public can be confident that regulated individuals are competent:
      1. Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system;
      2. If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date;
      3. The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions;
      4. Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and
      5. The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and
    4. Assurance to the public that regulated individuals have maintained their competence:
      1. Whether the certification or license will carry an expiration date; and
      2. Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement;
  5. The extent to which regulation might harm the public:
    1. The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and
    2. Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation;
  6. A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity;
  7. The expected cost of regulation:
    1. The impact regulation might have on the costs of service to the public;
    2. The impact regulation might have on various types of insurance; and
    3. The initial and long-term cost to the state and to the general public of implementing the proposed legislation; and
  8. Any additional information requested by the council or the legislative committee of reference.

(Code 1981, §43-1A-7, enacted by Ga. L. 1986, p. 803, § 1; Ga. L. 2010, p. 376, § 1/SB 149.)

43-1A-8. Preferred forms of regulation; role of General Assembly.

  1. After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section:
    1. Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented;
    2. Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or
    3. Where regulation as defined in this chapter is deemed too restrictive and unnecessary to protect the public health and welfare, a less restrictive means of ensuring public protection, including, but not limited to, stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered.
  2. The General Assembly may, with regard to an existing regulatory entity, and after evaluating the report of the council or any desired information, including, but not limited to, the criteria outlined in Code Section 43-1A-6 and any governmental and societal costs and benefits:
    1. Take no action if it has determined that such existing regulatory agency is efficiently regulated and that no action is necessary in the interests of the state;
    2. Amend the enabling legislation of such existing regulatory entity if it has determined that making such amendments shall more efficiently regulate such regulatory entity in a manner that is in the best interests of the state; or
    3. Repeal the enabling legislation of such existing regulatory entity if it has determined that the continuing regulation of such regulatory entity is no longer in the interests of the state.

(Code 1981, §43-1A-8, enacted by Ga. L. 1986, p. 803, § 1; Ga. L. 2010, p. 376, § 1/SB 149.)

43-1A-9. Chapter not to limit legislature's constitutional powers.

Nothing in this chapter shall be construed to limit the authority of the General Assembly to legislate as authorized by the Constitution.

(Code 1981, §43-1A-9, enacted by Ga. L. 1986, p. 803, § 1; Ga. L. 2010, p. 376, § 1/SB 149.)

CHAPTER 1B PATIENT SELF-REFERRAL

Cross references.

- Patient self-referral in workers' compensation cases, § 34-9-25.

Editor's notes.

- Ga. L. 1993, p. 521, § 2, not codified by the General Assembly, provides: "This Act shall become effective July 1, 1993, and shall apply to referrals for designated health services and other health care items or services made on or after July 1, 1993, provided that with respect to an investment interest acquired by an investor before July 1, 1993, Code Section 43-1B-4 shall not apply to referrals for designated health services and other health care items or services occurring before July 1, 1996."

Law reviews.

- For note on 1993 enactment of this chapter, see 10 Ga. St. U.L. Rev. 192 (1993).

43-1B-1. Short title.

This chapter shall be known and may be cited as the "Patient Self-referral Act of 1993."

(Code 1981, §43-1B-1, enacted by Ga. L. 1993, p. 521, § 1.)

43-1B-2. Legislative intent.

It is recognized by the General Assembly that the referral of a patient by a health care provider to a provider of designated health care services in which the health care provider has an investment interest represents a potential conflict of interest.The General Assembly finds that these referral practices may limit or eliminate competitive alternatives in the health care services market, may result in overutilization of health care services, may increase costs to the health care system, and may adversely affect the quality of health care. The General Assembly also recognizes, however, that it may be appropriate for health care providers to own entities providing health care services, and to refer patients to such entities, as long as certain safeguards are present in the arrangement.It is the intent of the General Assembly to provide guidance to health care providers regarding prohibited patient referrals between health care providers and entities providing health care services and to protect the citizens of Georgia from unnecessary and costly health care expenditures.

(Code 1981, §43-1B-2, enacted by Ga. L. 1993, p. 521, § 1.)

43-1B-3. Definitions.

As used in this chapter, the term:

  1. "Board" means any professional licensing board which, under the laws of this state, licenses, registers, or in any other way regulates any health care provider to whom this chapter applies.
  2. "Designated health services" means clinical laboratory services, physical therapy services, rehabilitation services, diagnostic imaging services, pharmaceutical services, durable medical equipment, home infusion therapy services (including related pharmaceuticals and equipment), home health care services, and outpatient surgical services.
  3. "Entity" means any individual, partnership, firm, corporation, or other business entity.
  4. "Fair market value" means value in arm's length transactions consistent with the general market value and, with respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use, and, in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee.
  5. "Group practice" means a group of two or more health care providers legally organized as a partnership, professional corporation, or similar association:
    1. In which each health care provider who is a member of the group provides substantially the full range of services which the health care provider routinely provides, including medical care, consultation, diagnosis, or treatment, through the joint use of shared office space, facilities, equipment, and personnel;
    2. For which substantially all of the services of the health care providers who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and
    3. In which the overhead expenses of and the income from the practice are distributed in accordance with methods previously determined by members of the group.
  6. "Health care provider" means a physician, chiropractor, podiatrist, optometrist, pharmacist, or physical therapist who is licensed or otherwise regulated under this title.
  7. "Immediate family member" means a health care provider's spouse, child, child's spouse, grandchild, grandchild's spouse, parent, parent-in-law, or sibling.
  8. "Investment interest" means an equity or debt security issued by an entity, including, without limitation, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, or other equity interests or debt instruments. The following investment interests shall be excepted from this definition:
    1. An investment interest in an entity that is a provider of a designated health service solely in a rural area;
    2. An investment interest in notes, bonds, debentures, or other debt instruments issued by an entity which provides designated health services, as an integral part of a plan by such entity to acquire such investor's equity investment interest in the entity, provided that the interest rate is consistent with fair market value, and that the maturity date of the notes, bonds, debentures, or other debt instruments issued by the entity to the investor is not later than July 1, 1996;
    3. An investment interest in real property resulting in a landlord-tenant relationship between the health care provider and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or exceeds fair market value;
    4. A financial relationship between a university, college, or other entity providing education and training in the health sciences, including its owned and affiliated hospitals, and any entity or entities through which its faculty and employees who are health care providers provide designated health services; or
    5. An investment interest in a publicly held corporation with total assets over $50 million whose shares are traded on a national exchange or over-the-counter market if the investment interest is less than 1 percent of the corporation, there are no special stock classes for health care provider investors, and no income from the investment interest is tied to the volume of referrals.
  9. "Investor" means a health care provider or entity owning a legal or beneficial ownership or investment interest, directly or indirectly, including, without limitation, through an immediate family member, trust, or another entity related to the investor within the meaning of 42 C.F.R. subsection 413.17, in an entity.
  10. "Referral" means any referral of a patient for health care services, including, without limitation:
    1. The forwarding of a patient by a health care provider to another health care provider or to an entity which provides or supplies designated health services or any other health care item or service;
    2. The request or establishment of a plan of care by a health care provider which includes the provision of designated health services or other health care item or service; or
    3. The following orders, recommendations, or plans of care shall not constitute a referral by a health care provider:
      1. By a radiologist for diagnostic imaging services;
      2. By a health care provider specializing in the provision of radiation therapy services for such services;
      3. By a health care provider referring within the health care provider's group practice;
      4. By a pathologist for diagnostic clinical laboratory tests and pathological examination services, if furnished by or under the supervision of such pathologist pursuant to a consultation requested by another health care provider;
      5. By a staff health care provider of a hospital referring a patient to the hospital at which the health care provider has current staff privileges;
      6. By a health care provider for items or services provided by such health care provider or by a member of such health care provider's group practice to the patients of that health care provider or group practice or items or services provided or performed at the direction or under the supervision of such health care provider or group practice; or
      7. By a health care provider when the patient is in need of emergency health care services where any delay in treatment could reasonably be expected to jeopardize the life or health of the person affected.
  11. "Rural area" means a county with a population density of no greater than 65 persons per square mile, as defined by the United States decennial census of 1990.

(Code 1981, §43-1B-3, enacted by Ga. L. 1993, p. 521, § 1; Ga. L. 1994, p. 97, § 43; Ga. L. 1994, p. 530, § 1; Ga. L. 2000, p. 1706, § 19.)

Editor's notes.

- Ga. L. 1994, p. 530, § 2, not codified by the General Assembly, provides an effective date of July 1, 1994, and provides that with respect to an investment interest acquired by a health care provider before July 1, 1994, for durable medical equipment, home infusion therapy services (including related pharmaceuticals and equipment), or home health care services, Code Section 43-1B-4 shall not apply to such referrals occurring before January 1, 1995, and that the Act shall not be construed to affect the effective date for any designated health care services other than durable medical equipment, home infusion therapy services (including related pharmaceuticals and equipment), or home health care services.

Law reviews.

- For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 230 (1994).

43-1B-4. Prohibited actions; civil penalties; grounds for disciplinary action.

Except as provided in this chapter:

  1. A health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider has an investment interest.This prohibition includes any consideration paid as compensation or in any manner which is a product of, or incident to, or in any other way related to any membership, proprietary interest, or co-ownership with an individual, group, or organization to whom patients, clients, or customers are referred or to any employer-employee or independent contractor relationship including, without limitation, those that may occur in a limited partnership, profit-sharing arrangement, or other similar arrangement with any person licensed under this title to whom these patients are referred;
  2. A board shall encourage the use by licensees of the declaratory statement procedure to determine the applicability of this Code section or any rule adopted pursuant to this Code section as it applies solely to the licensee.The board shall determine the name of any entity in which a health care provider investment interest has been approved pursuant to this Code section and the board shall adopt rules providing for periodic quality assurance and utilization review of such entities;
  3. No claim for payment may be presented by a health care provider or an entity to any individual, third-party payor, or other entity for a service furnished pursuant to a referral prohibited under this Code section, and, further, a third-party payor may request annually and receive from the health care provider a copy of the disclosure form provided for in subsection (a) of Code Section 43-1B-5;
  4. If the health care provider or entity collects any amount that was billed in violation of this Code section, the health care provider or entity shall refund such amount on a timely basis to the payor or individual, whichever is applicable;
  5. Any person who presents or causes to be presented a bill or a claim for service that such person knows or should know is for a service for which payment may not be made under paragraph (3) of this Code section and for which a refund has not been made under paragraph (4) of this Code section shall be subject to a civil penalty of not more than $15,000.00 for each such service;
  6. Any health care provider or other entity that enters into an arrangement or scheme, such as a cross-referral arrangement, which the health care provider or entity knows or should know has a principal purpose of assuring referrals by the health care provider to a particular entity which, if the health care provider directly made referrals to such entity, would be in violation of this Code section shall be subject to a civil penalty of not more than $50,000.00 for each such circumvention arrangement or scheme;
  7. Any health care provider or entity that divides fees or agrees to divide fees received for a designated health service with any health care provider or entity solely for referring a patient shall be subject to a civil penalty of not more than $15,000.00 for each such service.The board shall develop rules regarding the prohibition of fee division and charging of fees solely for referral of a patient; and
  8. A violation of this Code section by a health care provider shall constitute grounds for disciplinary action to be taken by the health care provider's respective board, including the potential for license revocation.

(Code 1981, §43-1B-4, enacted by Ga. L. 1993, p. 521, § 1; Ga. L. 2011, p. 752, § 43/HB 142.)

Editor's notes.

- Ga. L. 1993, p. 521, § 2, not codified by the General Assembly, effective July 1, 1993, provides that the Act "shall apply to referrals for designated health services and other health care items or services made on or after July 1, 1993, provided that with respect to an investment interest acquired by an investor before July 1, 1993, Code Section 43-1B-4 shall not apply to referrals for designated health services and other health care items or services occurring before July 1, 1996."

43-1B-5. Disclosure form required; contents; posting; application of Code section; violation.

  1. A health care provider shall not refer a patient to an entity in which such health care provider has an investment interest unless, prior to the referral, the health care provider furnishes the patient with a written disclosure form approved by the health care provider's respective board, informing the patient of:
    1. The existence of the investment interest;
    2. The name and address of each applicable entity in which the referring health care provider is an investor; and
    3. The patient's right to obtain the items or services for which the patient has been referred at the location or from the health care provider or supplier of the patient's choice unless otherwise restricted by law, including the entity in which the referring health care provider is an investor.
  2. The health care provider shall post a copy of the disclosure form provided for in subsection (a) of this Code section in a conspicuous public place in the health care provider's office.
  3. The provisions of this Code section shall apply to all referrals made prior to July 1, 1996, and to referrals expressly exempted from the prohibitions contained in this chapter on and after that date.Nothing in this Code section shall be construed so as to authorize any referral otherwise prohibited by this chapter on and after July 1, 1996.
  4. A violation of this Code section shall be grounds for disciplinary action by the board.

(Code 1981, §43-1B-5, enacted by Ga. L. 1993, p. 521, § 1.)

43-1B-6. Entities excepted from prohibitions as to financing and referrals; requirements; regulation.

  1. The provisions of Code Section 43-1B-4 shall not prohibit nor apply to the referral of patients to any entity or facility providing designated health services if there is no entity or facility of reasonable quality, price, or service in the community, alternative financing is not reasonably available, and all the following requirements are met:
    1. No health care provider shall be required to make referrals or otherwise generate business as a condition for becoming or remaining an investor, and all other individuals are given a bona fide opportunity to invest in the facility on the same terms as a referring health care provider;
    2. The facility shall not loan funds nor guarantee loans for referring health care providers, nor shall the income from the investment be based on the volume of referrals made by the health care provider;
    3. The health care provider complies with Code Section 43-1B-5, requiring disclosure of the investment interest to the patient; and
    4. The facility shall provide uncompensated health services for indigent or charity patients at a standard which meets or exceeds 3 percent of the gross revenues of the facility after provisions for bad debts and third-party adjustments have been deducted.The services offered shall be reasonably financially accessible to the residents of the facility's service area.
  2. The provisions of this Code section shall be regulated by the state Department of Community Health.

(Code 1981, §43-1B-6, enacted by Ga. L. 1993, p. 521, § 1; Ga. L. 1999, p. 296, § 22.)

43-1B-7. Exception for physicians treating workers' compensation claimants.

Reserved. Repealed by Ga. L. 2006, p. 676, § 5/HB 1240, effective July 1, 2006.

Editor's notes.

- This Code section was based on Code 1981, § 43-1B-7, enacted by Ga. L. 1993, p. 521, § 1.

43-1B-8. Exception for health care providers with interest in health service regulated by federal law.

Notwithstanding the provisions of this chapter, this chapter shall not apply to any health care provider or to any designated health service if the financial interest of such health care provider in such designated health service is restricted or regulated pursuant to any federal law which is applicable to such health care provider or designated health service and which covers private paying patients as well as medicare or Medicaid patients.

(Code 1981, §43-1B-8, enacted by Ga. L. 1993, p. 521, § 1.)

CHAPTER 1C GEORGIA PROFESSIONAL REGULATION REFORM

Effective date.

- This Chapter became effective July 1, 2016.

Editor's notes.

- Ga. L. 2016, p. 561, § 1/HB 952, not codified by the General Assembly, provides that: "The General Assembly finds, determines, and declares that:

"(1) In N.C. State Bd. of Dental Exam'rs v. FTC , 135 S. Ct. 1101 (2015), the Supreme Court of the United States established a new standard for determining whether state professional licensing boards and board members are entitled to immunity for federal antitrust violations. Pursuant to N.C. State Bd. of Dental Exam'rs , state professional licensing boards and board members are entitled to antitrust immunity only if:

"(A) Their anticompetitive conduct is consistent with 'clearly articulated' state policy; and

"(B) The state provides 'active supervision' of their conduct.

"(2) It is the policy of the State of Georgia to increase economic opportunities for all of its citizens by promoting competition and thereby encouraging innovation and job growth. It is therefore also the policy of the State of Georgia to displace competition only when necessary to protect consumers from present, significant, and substantiated harms that threaten public health and safety.

"(3) By establishing the policies and procedures of this chapter, the General Assembly intends to ensure that the state's professional licensing boards and board members are entitled to antitrust immunity and that state laws relating to professions and businesses are interpreted and enforced in a manner consistent with clearly articulated state policy."

43-1C-1. Short title.

This chapter shall be known and may be cited as the "Georgia Professional Regulation Reform Act."

(Code 1981, §43-1C-1, enacted by Ga. L. 2016, p. 561, § 2/HB 952.)

43-1C-2. Definitions.

As used in this chapter, the term:

  1. "Governor" means the Governor of the State of Georgia or his or her designee.
  2. "Professional licensing board" means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade, including all boards, bureaus, commissions, or other agencies established pursuant to this title or Chapter 4 of Title 26; provided, however, that such term shall not include the State Bar of Georgia.
  3. "Rule" means a regulation, standard, or statement of general applicability, whether formal or informal, that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of any professional licensing board.Such term shall include the amendment or repeal of a prior rule but shall not include statements of policy or interpretation made as part of a decision in a contested case.

(Code 1981, §43-1C-2, enacted by Ga. L. 2016, p. 561, § 2/HB 952.)

43-1C-3. Executive oversight of professional licensing boards.

  1. The Governor shall have the authority and duty to actively supervise the professional licensing boards of this state to ensure that their actions are consistent with clearly articulated state policy and shall therefore have the authority and duty to:
    1. Review and, in writing, approve or veto any rule before it is filed in the office of the Secretary of State if such rule is required to be filed in the office of the Secretary of State by Chapter 13 of Title 50,the "Georgia Administrative Procedure Act," or before such rule becomes effective, if filing is not required;
    2. Review and, in writing, approve or veto any rule that is:
      1. Challenged via an appeal to the Governor after the denial of a petition filed pursuant to Code Section 50-13-9; or
      2. Submitted by a professional licensing board for review by the Governor;
    3. Review and, in writing, approve, remand, modify, or reverse any action by a professional licensing board that is:
      1. Challenged via an appeal to the Governor; or
      2. Submitted by a professional licensing board for review by the Governor; and
    4. Promulgate any regulations or executive orders necessary to effectuate the provisions of this chapter, including regulations or orders relating to the process, procedures, and timelines that will govern any appeal or submission filed in accordance with this Code section.
  2. Any review undertaken by the Governor pursuant to subsection (a) of this Code section shall be fully completed within 90 days.
  3. Nothing in this Code section shall be interpreted to subject the Governor to any of the administrative procedures of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(Code 1981, §43-1C-3, enacted by Ga. L. 2016, p. 561, § 2/HB 952.)

CHAPTER 2 AUDIT OF REGULATORY AGENCIES

Editor's notes.

- Ga. L. 1992, p. 3137, § 1, effective July 1, 1992, repealed the Code sections formerly codified at this chapter, and enacted the current chapter. The former chapter consisted of Code Sections 43-2-1 through 43-2-9 and was based on Ga. L. 1977, p. 961, §§ 1-6, 8-10; Ga. L. 1978, p. 2012, §§ 1-4; Ga. L. 1981, Ex. Sess., p. 8; Ga. L. 1982, p. 430, § 3; and Ga. L. 1984, p. 22, § 43.

Law reviews.

- For note on 1992 enactment of this chapter, see 9 Ga. St. U.L. Rev. 319 (1992).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73A C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

43-2-1. Legislative findings; purpose of chapter.

The General Assembly finds that the effectiveness of many regulatory agencies which have been created in this state needs to be evaluated. It is the purpose of this chapter to establish a procedure for the review of regulatory agencies to increase their effectiveness and efficiency.

(Code 1981, §43-2-1, enacted by Ga. L. 1992, p. 3137, § 1.)

43-2-2. "Regulatory agency" defined.

As used in this chapter, the term "regulatory agency" means any board, bureau, or commission of the executive branch of state government in existence on July 1, 1992, or created by law after July 1, 1992, for the primary purpose of licensing or otherwise regulating or controlling any profession, business, or trade.

(Code 1981, §43-2-2, enacted by Ga. L. 1992, p. 3137, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Governor's declaration that board not terminated was possible circumvention of intent of General Assembly.

- For Governor to declare that a regulatory agency may continue to do business as usual during the agency's termination period, or to declare that the board shall not be terminated, could be perceived as an attempt to circumvent the intent of the General Assembly. 1980 Op. Att'y Gen. No. 80-49.

43-2-3. Assignment of agencies to standing committees of Senate and House of Representatives; public hearings; factors considered in conducting audit.

  1. The President of the Senate and the Speaker of the House of Representatives shall assign each of the regulatory agencies to a standing committee of their respective houses for the purpose of review. When a performance audit is conducted, the Senate and House committees to which a regulatory agency is assigned shall conduct a joint public hearing or hearings for the purpose of receiving testimony from the public and from the officials of the regulatory agency involved relative to the effectiveness and efficiency of the agency.
  2. When conducting a performance audit, the state auditor shall take into consideration, among others, the following factors:
    1. Whether the absence of regulation would significantly harm, affect, or endanger the public health, safety, or welfare;
    2. Whether there is a less restrictive method of regulation available which would adequately protect the public;
    3. The extent to which the regulatory agency has permitted qualified applicants to serve the public;
    4. The extent to which affirmative action requirements of state and federal statutes and constitutions have been complied with by the regulatory agency or the profession, business, or trade it regulates;
    5. The extent to which the regulatory agency has operated in the public interest and the extent to which its operation has been impeded or enhanced by existing statutes, procedures, practices, and rules and regulations, and any other circumstances, including budgetary, resource, and personnel matters;
    6. The extent to which the regulatory agency has recommended statutory changes to the General Assembly which would benefit the public as opposed to the persons it regulates;
    7. The extent to which the regulatory agency has required the persons it regulates to report to it concerning the impact of rules and decisions of the regulatory agency on the public regarding improved service, economy of service, and availability of service;
    8. The extent to which persons regulated by the regulatory agency have been required to assess problems in their profession, business, or trade which affect the public;
    9. The extent to which the regulatory agency has encouraged participation by the public in making its rules and decisions as opposed to participation solely by the persons it regulates;
    10. The efficiency with which formal public complaints filed with the regulatory agency concerning persons subject to regulation have been processed to completion by the regulatory agency; and
    11. The extent to which changes are necessary in the enabling laws of the regulatory agency to comply adequately with the factors listed in this subsection.

(Code 1981, §43-2-3, enacted by Ga. L. 1992, p. 3137, § 1.)

43-2-4. Conduct of audit by state auditor; summary listing of findings; submission of copies; response.

  1. The state auditor shall conduct a performance audit of any regulatory agency upon the request of a standing committee of the House or the Senate to which a regulatory agency is assigned. This audit shall include, without being limited to, a summary listing of the audit findings and a determination regarding each finding as to whether the regulatory agency, the division director, or both, or some other entity exercises major responsibilities in the area relating to the finding.
  2. A copy of each performance audit conducted pursuant to subsection (a) of this Code section shall be submitted, within 15 days after completion, to:
    1. Each member of the Senate and House standing committees to which the regulatory agency has been assigned for review under this chapter;
    2. The presiding officers of the Senate and House of Representatives;
    3. The Governor, the Attorney General, and the legislative counsel;
    4. The chairperson of the audited regulatory agency; and
    5. The division director.
  3. Within 30 days after submission of the performance audit, the regulatory agency and the division director shall each submit a written response as to each audit finding in those areas in which that agency or division director has been determined by the audit to exercise major responsibilities.Such response shall include, without being limited to, the following:
    1. Whether or not the agency or division director agrees with that finding and the reasons therefor;
    2. What steps have been or will be taken to address each issue raised in each finding, whether the steps are regulatory or proposed statutory changes, and the proposed effective date of any such regulatory changes; and
    3. If no steps have been or will be taken to address any issues raised in the finding, the reasons therefor.
  4. At the request of a standing committee assigned review, that response shall be updated and resubmitted by the division director and audited regulatory agency.
  5. Responses required by subsections (c) and (d) of this Code section shall be submitted to those persons designated in paragraphs (1), (2), and (3) of subsection (b) of this Code section to receive copies of performance audits.

(Code 1981, §43-2-4, enacted by Ga. L. 1992, p. 3137, § 1; Ga. L. 2000, p. 1706, § 19.)

43-2-5. Reports of findings and recommendations.

The Senate and House committees to which a regulatory agency has been assigned for review shall issue reports of their findings and recommendations to the Governor, to the regulatory agency involved, and to each member of the General Assembly.Such reports may be issued separately by the reviewing committees or jointly when a majority of the members of each reviewing committee are in agreement as to the recommendations and findings.Such reports shall contain copies of any legislation which must be enacted in order to fulfill the requirements of this chapter.

(Code 1981, §43-2-5, enacted by Ga. L. 1992, p. 3137, § 1.)

CHAPTER 3 ACCOUNTANTS

Administrative Rules and Regulations.

- Organization, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-1.

Code of Professional Conduct, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-12.

Law reviews.

- For article, "The Controversy Over Third Party Rights: Toward More Predictable Parameters of Auditor Liability," see 22 Ga. L. Rev. 149 (1987). For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 84-2 are included in the annotations for this chapter.

Intent of chapter.

- Legislature in enacting this chapter sought to control the profession of public accounting, and to prohibit all persons who do not meet the requirements of the chapter from engaging therein. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).

Ways in which professions might be regulated by police power.

- When purpose of statute is to regulate and control an occupation or profession under police power of legislature, such purpose may be manifested in various ways, such as by requiring all persons seeking license to practice such trade or profession to first take an examination by some prescribed authority as to that person's skill and knowledge of the occupation, or by requiring applicants seeking registration to first give bond and security to benefit any who might be injured by wrongful or unskillful practice, or by requiring proof of good character before being licensed and registered. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).

Chapter invalidates contracts by unlicensed practitioner.

- This chapter was intended for the purpose of regulating profession of public accounting and it is a condition precedent to engaging in that profession that persons wishing to engage therein obtain license required or suffer peril of having all contracts declared void and unenforceable and further peril of being indicted for a crime. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).

Possession of license presumed.

- In a civil action brought by one pursuing an occupation required by law to be licensed, to recover for value of services, general rule is that in absence of any statutory provision affecting the question, possession of license will be presumed. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).

Accountant's liability is limited to those persons that he or she expressly knows will be given the information he or she generates, or to those persons intended to receive the information. Badische Corp. v. Caylor, 630 F. Supp. 1196 (N.D. Ga. 1986).

Cited in Mayor of Savannah v. Canady, 255 Ga. 23, 334 S.E.2d 693 (1985).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, Ch. 84-2 are included in the annotations for this chapter.

Certified public accountant's signature to report when principals not certified is misdemeanor.

- Signature of certified public accountant to report for firm when the principals are not certified, or when one is certified and another is not, constitutes a misdemeanor, and all members of the firm and certified public accountant signing the report of the firm would be equally guilty under the law. 1950-51 Op. Att'y Gen. p. 137 (decided under former Code 1933, Ch. 84-2).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

Accountant's Liability to Client for Performance of Duties, 16 POF2d 641.

Accountant Malpractice: Work Papers, 26 Am. Jur. Trials 1.

Third-Party Accountant Liability - Prospective Financial Statements Used in Securities Offerings, 45 Am. Jur. Trials 113.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058. 16C C.J.S., Constitutional Law, § 890 et seq. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73A C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.

Liability of independent accountant to investors or shareholders, 54 A.L.R.2d 324; 46 A.L.R.3d 979; 92 A.L.R.3d 396; 48 A.L.R.5th 389.

Regulation of accountants, 70 A.L.R.2d 433; 4 A.L.R.4th 1201.

Application of statute of limitations to damage actions against public accountants for negligence in performance of professional services, 26 A.L.R.3d 1438.

Application of statute of limitations to actions for breach of duty in performing services of public accountant, 7 A.L.R.5th 852.

43-3-1. Short title.

This chapter shall be known and may be cited as the "Public Accountancy Act of 2014."

(Code 1933, § 84-201, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, inserted "shall be known and" near the beginning and substituted "2014" for "1977" at the end.

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Accountants, § 1 et seq.

1 Am. Jur. Pleading and Practice Forms, Accountants, § 3.

C.J.S.

- 1 C.J.S., Accountants, § 1 et seq.

43-3-2. Definitions.

As used in this chapter, the term:

  1. "Any other state" means the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern Marianas Islands, Guam, or a state other than Georgia.
  2. "Attest" means providing the following public accountancy services:
    1. Any audit to be performed in accordance with the professional standards adopted by the board's rules or regulations;
    2. Any review of a financial statement to be performed in accordance with the professional standards adopted by the board's rules or regulations;
    3. Any examination of prospective financial information to be performed in accordance with the professional standards for attestation engagements adopted by the board's rules or regulations;
    4. Any engagement to be performed in accordance with the professional standards related to public companies adopted by the board's rules or regulations; and
    5. Any examination, review, or agreed upon procedures engagement to be performed in accordance with the professional standards adopted by the board's rules or regulations, other than an examination of prospective financial information as described in subparagraph (C) of this paragraph.
  3. "Board" means the Georgia State Board of Accountancy.
  4. "Compilation" means providing a service to be performed in accordance with professional standards adopted by the board's rules or regulations that presents information in the form of financial statements that are the representation of management or owners without undertaking to express any assurance as to the statements.
  5. "CPA" means certified public accountant.
  6. "Executive director" means the individual appointed by the board to serve as the chief executive officer of the board.
  7. "Firm" means any proprietorship, partnership, corporation, association, or any other legal entity which is practicing public accountancy.
  8. "Peer review" means a study, appraisal, or review of one or more aspects of the professional work of a licensee that provides attest or compilation services, by a licensee who is not affiliated with the individual or firm being reviewed.
  9. "Practice of public accountancy" or "practicing public accountancy" means offering to perform or performing attest or compilation services or while holding oneself out in such manner as to state or imply that one is a licensee, offering to perform or performing for an individual or entity services involving:
    1. The use of accounting or auditing skills;
    2. Management advisory or other consulting services;
    3. The preparation of tax returns; or
    4. The furnishing of advice on tax matters.
  10. "Report" when used with reference to any attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. Such term includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competence on the part of the person or firm issuing such language; and it includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence.
  11. "State Accounting Office" means the office created under Code Section 50-5B-1.

(Code 1933, § 84-202, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 1993, p. 123, § 6; Ga. L. 2008, p. 1112, § 2/HB 1055; Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 1/HB 246.)

The 2014 amendment, effective July 1, 2014, rewrote this Code section.

The 2015 amendment, effective July 1, 2015, in paragraph (1), deleted "a state other than Georgia," preceding "the District of Columbia" near the beginning and substituted "Northern Marianas Islands, Guam, or a state other than Georgia" for "Northern Marianas Islands, or Guam" at the end; substituted "the board" for "the state accounting officer" in paragraph (6); added paragraph (10); renumbered former paragraph (10) as present paragraph (11); and deleted former paragraph (11), which read: "'State accounting officer' means the individual appointed by the Governor under Code Section 50-5B-1 to administer the State Accounting Office."

43-3-3. State Board of Accountancy; powers and duties; division within State Accounting Office; executive director selection and compensation; venue.

  1. The State Board of Accountancy on June 30, 2014, is continued in existence as the Georgia State Board of Accountancy, and members serving on the State Board of Accountancy on June 30, 2014, shall continue to serve out his or her term of office on the Georgia State Board of Accountancy and until his or her respective successors are appointed and qualified.
  2. The board shall have all of the duties, powers, and authority granted by or necessary for the enforcement of this chapter.
  3. On and after July 1, 2014, the board shall be an attached agency for administrative purposes only to the State Accounting Office and shall not be considered a division as such term is defined in Code Section 43-1-1. The board shall neither be under the jurisdiction of the Secretary of State nor be under the direction of the director of the Professional Licensing Boards Division of the Secretary of State. The board shall not be subject to the provisions of Chapter 1 of this title.
  4. The board shall fix the compensation of an executive director. The executive director shall serve at the pleasure of the board. The executive director shall have those duties and powers prescribed by the board as further set forth in Code Section 43-3-6.
  5. The venue of any action involving members of the board shall be the county in which is found the primary office of the State Accounting Office. The executive director shall not be considered a member of the board in determining the venue of any such action, and no court shall have jurisdiction over any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction.

(Code 1981, §43-3-3, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 2/HB 246.)

Effective date.

- This Code section became effective July 1, 2014.

The 2015 amendment, effective July 1, 2015, substituted "an attached agency for administrative purposes only to" for "a division within" in the first sentence of subsection (c); and, in subsection (d), substituted "board" for "state accounting officer" in the first and second sentences, and deleted "with the approval of the state accounting officer and" following "the board" in the last sentence.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-3 as present Code Section 43-3-4.

43-3-4. Membership of board; terms; removal; expense reimbursement.

  1. The board shall consist of seven members, to be appointed by the Governor with the approval of the Senate. Any such appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate. Each member of the board shall be a resident of this state. Six members of the board shall be certified public accountants, all of whom shall be licensed in this state. One member of the board shall be appointed from the public at large and shall be an individual to whom neither this state nor any other state has ever issued a certificate, registration, license, or permit to engage in the practice of public accountancy.
  2. Each member of the State Board of Accountancy in office on June 30, 2014, shall remain in office until the expiration of his or her term and the appointment and approval of his or her successor.
  3. Any appointment or reappointment of board members shall be for a period of four years. The remaining portion of any unexpired term shall be filled by appointment by the Governor with the approval of the Senate. Upon the expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and qualified.
  4. No member of the board shall serve as such for more than two terms, consecutive or otherwise; and, for purposes of calculating the number of terms served, the filling of an unexpired term or terms for a total of more than 30 calendar months shall be treated as the serving of a full term.
  5. Any member of the board may be removed by the Governor for misconduct, incompetence, neglect of duty, or inability to perform the duties required of members. The membership on the board of any member whose license in this state has expired and has not been renewed, has become void, or has been revoked or suspended shall be automatically terminated simultaneously with any such expiration, voiding, revocation, or suspension.
  6. Each member of the board may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a vehicle as that received by other employees of this state or a travel allowance of actual transportation costs if traveling by public carrier. Each board member may be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member subject to the approval of the executive director. For each day's service in any other state as a board member, such member may receive actual expenses as an expense allowance. Expense vouchers submitted by board members shall be subject to approval by the executive director. A board member's travel outside of this state shall be allowed if such travel was approved by the executive director.

(Ga. L. 1908, p. 86, § 2; Civil Code 1910, § 1998; Code 1933, § 84-203; Code 1933, § 84-201, enacted by Ga. L. 1935, p. 85, § 1; Ga. L. 1943, p. 363, § 1; Ga. L. 1958, p. 216, § 1; Code 1933, § 84-203, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1980, p. 65, § 1; Code 1981, §43-3-3; Ga. L. 1983, p. 559, § 1; Ga. L. 2005, p. 1030, § 1/SB 55; Code 1981, §43-3-4, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-3 as present Code Section 43-3-4; and rewrote this Code section.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-4 as present Code Section 43-3-5.

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 A.L.R.2d 1210.

43-3-5. Chairperson and secretary of board; meetings; seal; records of proceedings; appointment of committees and employees.

  1. The board shall elect annually a chairperson from its members.
  2. The executive director shall serve as secretary of the board.
  3. The chairperson shall determine the date, time, and location of board meetings. Board meetings shall be held at the site of the primary office of the State Accounting Office unless otherwise specified by the chairperson. The chairperson shall provide three days' notice of any meeting; provided, however, that notice may be waived by instrument in writing executed before or after the meeting; provided, further, that attendance at a meeting of the board shall constitute a waiver of notice thereof. The chairperson may delegate the responsibility of setting the location, date, and time of board meetings and providing notice of meetings to the executive director. Board meetings may be conducted by audio or video conference calls, and participation in such a conference call shall constitute attendance at the meeting so conducted. Any action that might have been taken at a meeting of the board may be taken by the unanimous written consent of all members of the board.
  4. A majority of the members of the board shall constitute a quorum for the transaction of business of the board.
  5. The board shall have a seal which shall be judicially noticed.
  6. The board shall preserve all applications and keep records of all of its proceedings for six years. In any proceeding in court, civil or criminal, arising out of or founded upon this chapter, copies of the records of the board's proceedings signed by a member of the board and certified as correct under the seal of the board by the executive director shall be admissible in evidence in any court of this state without further proof.
  7. The board may appoint such committees or persons, who need not be members of the board, to advise or assist it in administration, investigation, and enforcement of the provisions of this chapter as the board deems necessary and shall be authorized to compensate any such persons or members of committees who are not members of the board in such amounts as it shall determine to be reasonable.

(Ga. L. 1908, p. 86, § 2; Civil Code 1910, § 1998; Code 1933, § 84-203; Code 1933, §§ 84-203, 84-204, enacted by Ga. L. 1935, p. 85, §§ 3, 4; Code 1933, § 84-203, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-4; Ga. L. 1988, p. 1616, § 1; Ga. L. 2000, p. 1706, § 19; Code 1981, §43-3-5, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 3/HB 246.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-4 as present Code Section 43-3-5; substituted "chairperson" for "chairman" in subsection (a); substituted the present provisions of subsection (b) for the former provisions, which read: "The division director shall serve as secretary of the board and perform for the board the duties required of him as provided in Chapter 1 of this title."; substituted the present provisions of subsection (c) for the former provisions, which read: "Three days' notice of any meeting shall be given by the chairman or division director, provided that notice may be waived by instrument in writing executed before or after the meeting; provided, further, that attendance at a meeting of the board shall constitute a waiver of notice thereof. Board meetings may be conducted by conference telephone calls, and participation in such a conference call shall constitute attendance at the meeting so conducted. Any action that might have been taken at a meeting of the board may be taken by the unanimous written consent of all members of the board."; added subsection (d); redesignated former subsections (d) and (e) as present subsections (e) and (f), respectively; substituted "executive director" for "division director" in the second sentence of subsection (f); and deleted former subsection (f), which read: "The board may appoint such committees or persons, who need not be members of the board, to advise or assist it in administration, investigation, and enforcement of the provisions of this chapter as the board deems necessary and shall be authorized to compensate any such persons or members of committees who are not members of the board in such amounts as it shall determine to be reasonable."

The 2015 amendment, effective July 1, 2015, added subsection (g).

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-5 as present Code Section 43-3-8.

Administrative Rules and Regulations.

- Organization, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-1.

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 A.L.R.2d 1210.

43-3-6. Duties of executive director.

  1. The executive director shall:
    1. Be a full-time employee of the State Accounting Office and shall serve as the secretary of the board. He or she shall be an individual of good moral character and shall possess such qualifications as the board may require;
    2. Take an oath to discharge faithfully the duties of the office;
    3. Keep all records related to the board;
    4. With the approval of the board, employ and fix the compensation of individuals as deemed necessary to assist in the duties of the board. If an employee will serve as an investigator, he or she shall have a level of experience or knowledge of the area of practice needing to be examined or investigated, including but not limited to accounting, auditing, and taxes, that is acceptable to the board;
    5. Schedule the time and location for all examinations and hearings;
    6. Maintain a schedule of all meetings and hearings of the board that shall be available for public review; and
    7. Make a report to the Governor on or before the second Tuesday in January of each year covering the activities of the board for the previous calendar year, which shall be made available to any member of the General Assembly upon request.
  2. With the approval of the board, the executive director may contract with any person or agency who is not an employee of the State Accounting Office to implement any provision of this chapter and to fulfill the responsibilities of the board.
  3. The executive director and other board employees shall be allowed reimbursement for travel and other expenses necessarily incurred in the performance of their duties in the same manner as other employees of this state and shall receive payment of the same in the manner provided for the board.

(Code 1981, §43-3-6, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 5, § 43/HB 90; Ga. L. 2015, p. 325, § 4/HB 246.)

Effective date.

- This Code section became effective July 1, 2014.

The 2015 amendments. The first 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (a)(5). The second 2015 amendment, effective July 1, 2015, deleted ", with the approval of the state accounting officer," following "as the board" in paragraph (a)(1); substituted "of the board" for "of the state accounting officer" in the first sentence in paragraph (a)(4); deleted former paragraph (a)(5), which read: "Prepare and maintain a public roster containing the names and business addresses of all current licensees and individuals registered as foreign accountants. A copy of such roster shall be available upon request at a fee prescribed by the board sufficient to cover the cost of printing."; redesignated paragraphs (a)(6) through (a)(8) as paragraphs (a)(5) through (a)(7), respectively; and substituted "the board" for "the state accounting officer" near the beginning of subsection (b). See the editor's note regarding the effect of these amendments.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-6 as present Code Section 43-3-9.

Ga. L. 2015, p. 5, § 54(e)/HB 90, not codified by the General Assembly, provides: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2015 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to paragraph (a)(5) of this Code section by Ga. L. 2015, p. 5, § 43/HB 90, was not given effect.

43-3-7. Fees authorized.

The board by rule or regulation shall be authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged by rule or regulation. Fees shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the board shall approximate the total of the direct and indirect costs for the operation of the board. Fees may be refunded for good cause, as determined by the executive director.

(Code 1981, §43-3-7, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291.)

Effective date.

- This Code section became effective July 1, 2014.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-7 as present Code Section 43-3-10.

43-3-8. Rules and regulations; notice; hearings.

  1. The board may promulgate and amend, from time to time, such rules or regulations, consistent with this chapter and Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," as it deems consistent with or required for the public welfare, for the administration of any provision of this chapter, or for the orderly conduct of the board's affairs. Such rules or regulations may include, without limiting the generality of the foregoing:
    1. Procedure for governing the conduct of matters before the board;
    2. Professional conduct for establishing and maintaining high standards of competence and integrity in the practice of public accountancy;
    3. Continuing professional education requirements for licensure as a certified public accountant;
    4. Governance of individuals or firms engaged in this state in the practice of public accountancy;
    5. Governance of firms established or maintained for the practice of public accountancy in this state and the conditions upon which licensure shall be granted, including any requirements that the board may deem necessary to monitor the practice of public accountancy to determine whether acceptable standards of competence and integrity in the practice of public accountancy are being maintained; and
    6. Any and all other rules or regulations which the board deems necessary or appropriate in exercising its functions under this chapter.
  2. The board shall adopt rules or regulations setting the professional standards in performing attest and compilation services, taking into account the American Institute for Certified Public Accountants Statements on Auditing Standards, the Statements on Standards for Accounting and Review Services, the Statements on Standards for Attestation Engagements, and the standards of the Public Company Accounting Oversight Board.
  3. Prior to the adoption, amendment, or repeal of any rule or regulation, the board shall give notice of its intended action in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." In connection with any rule-making proceeding, formal or informal, the board shall have the power to conduct hearings as provided in, and in accordance with, Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." No such notice shall be required prior to the adoption, amendment, or repeal of any interpretive rules, regulations, or general statements of policy, provided that such rules, regulations, or general statements shall be advisory only.

(Code 1933, § 84-202, enacted by Ga. L. 1935, p. 85, § 2; Code 1933, § 84-203, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-5; Ga. L. 1988, p. 1616, § 2; Ga. L. 1993, p. 123, § 7; Code 1981, §43-3-8, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-5 as present Code Section 43-3-8; substituted "or regulations" for "and regulations" in the first and second sentences of subsection (a) and in paragraph (a)(6); substituted "Procedure" for "Rules of procedure" at the beginning of paragraph (a)(1); substituted "Professional conduct" for "Rules of professional conduct" at the beginning of paragraph (a)(2); rewrote paragraph (a)(3); substituted "Governance of" for "Regulations governing" at the beginning of paragraph (a)(4); in paragraph (a)(5), substituted "Governance of firms" for "Regulations governing the registration of offices" at the beginning, substituted "licensure" for "such registration" near the middle, and substituted "public accountancy" for "such office" in the middle; added subsection (b); redesignated former subsection (b) as present subsection (c); and, in subsection (c), in the first sentence, substituted "rule or regulation" for "rule other than interpretive rules or general statements of policy" near the middle, and substituted "Act.'" for "Act,' provided that such comments shall be advisory only" at the end, and added the third sentence.

Editor's notes.

- This Code section formerly pertained to oral examinations for certified public accountants; permanent record of examinations. The former Code section was based on Code 1933, § 84-208, enacted by Ga. L. 1935, p. 85, § 8; Code 1933, § 84-204, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1983, p. 559, § 4; Ga. L. 1989, p. 1098, § 2; Ga. L. 1995, p. 1302, § 13, and was repealed and reserved by Ga. L. 2002, p. 863, § 3, effective July 1, 2003.

Administrative Rules and Regulations.

- Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of State Board of Accountancy, Chapter 20-1 et seq.

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 A.L.R.2d 1210.

43-3-9. Requirements for certificate of certified public accountant; disclosure of commissions from sale of insurance or financial products.

  1. As used in this Code section, the term "good moral character" means fiscal integrity and a lack of any history of acts involving dishonesty or moral turpitude.
  2. The certificate of certified public accountant shall be granted by the board to any individual:
    1. Who has attained the age of 18;
    2. Who is, in the opinion of the board, of good moral character;
    3. Who meets the following requirements of education and experience:
        1. Presentation to the board of such evidence as it may require that the applicant has received a baccalaureate degree or completed the requirements therefor, conferred by a college or university accredited by a national or regional accrediting organization recognized by the board, with a concentration in accounting or what the board determines to be the substantial equivalent of an accounting concentration, or with a nonaccounting concentration supplemented by what the board determines to be the substantial equivalent of an accounting concentration, including related courses in other areas of business administration.
        2. After January 1, 1998, any individual who has not previously sat for the uniform written examination for the certificate of certified public accountant must have completed a total of 150 semester hours or 225 quarter hours of college education, including a baccalaureate degree awarded by a college or university accredited by either a national or regional accrediting organization recognized by the board. The total educational program shall include an undergraduate accounting concentration as defined by the board or what the board determines to be the substantial equivalent of an undergraduate accounting concentration; and
      1. One year of continuous experience in the accounting field relevant to the practice of public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule or regulation; provided, however, that the board may promulgate rules or regulations stating certain circumstances which shall constitute acceptable breaks in the continuity of such experience; provided, further, that the board may accept, in lieu of such year of experience in public accounting, evidence satisfactory to it of one year of continuous employment in the accounting field in industry, business, government, or college teaching; any combination of employment in such fields; or any combination of employment in such fields and the practice of public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any individual certificated as a certified public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and
    4. Who shall have passed an examination approved by the board in such related subjects as the board deems appropriate.
  3. If the board determines that an applicant lacks good moral character, the board may refuse to certify an applicant when it finds by a preponderance of the evidence that there is a substantial connection between the lack of good moral character of the applicant and the potential professional responsibilities of such applicant. When an applicant is found to be unqualified for a certificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a complete listing of the evidence upon which the determination was based, and the applicant may request a hearing on that determination.
  4. Any individual or firm who holds a license as a certified public accountant and who is engaged in the sale of insurance or financial products for which such individual or firm receives commissions shall disclose in writing to the client the fact that the individual or firm will receive commissions from the sale to the client of any such insurance or financial products; provided, however, that the individual or firm shall not be required to disclose the actual amount of such commissions.

(Ga. L. 1908, p. 86, § 1; Civil Code 1910, § 1995; Code 1933, § 84-201; Code 1933, §§ 84-207, 84-208, enacted by Ga. L. 1935, p. 85, §§ 7, 8; Ga. L. 1943, p. 363, § 2; Ga. L. 1965, p. 185, § 1; Ga. L. 1972, p. 508, § 1; Code 1933, § 84-204, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-6; Ga. L. 1983, p. 559, § 2; Ga. L. 1991, p. 371, § 1; Ga. L. 2002, p. 863, § 1; Ga. L. 2008, p. 1112, § 3/HB 1055; Code 1981, §43-3-9, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 5/HB 246.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-6 as present Code Section 43-3-9; added subsection (a); redesignated former subsections (a) through (c) as present subsections (b) through (d), respectively; and rewrote subsections (b) through (d).

The 2015 amendment, effective July 1, 2015, substituted "a preponderance of the evidence" for "clear and convincing evidence" in the first sentence of subsection (c).

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-9 as present Code Section 43-3-11.

Administrative Rules and Regulations.

- Examinations, application for certificates, and temporary permits - certified public accountants, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-3.

OPINIONS OF THE ATTORNEY GENERAL

CPA applying for license must meet present requirements.

- An individual who first qualified as a certified public accountant several years ago, but failed to apply for a license until now, must meet the present requirements for licensure. 1980 Op. Att'y Gen. No. 80-98.

43-3-10. Examinations for certified public accountants.

  1. The board may provide, by rule or regulation, for the general scope of the examination described in paragraph (4) of subsection (b) of Code Section 43-3-9. The board may approve the examination and obtain advice and assistance in providing for and grading such examination and the executive director, with approval of the board, may contract with third parties to perform administrative services with respect to the examination as he or she deems appropriate.
  2. As a prerequisite to sit for the examination, applicants shall meet the education requirements provided in division (b)(3)(A)(ii) of Code Section 43-3-9.
  3. An applicant for the certificate of certified public accountant who has successfully completed the examination provided for in paragraph (4) of subsection (b) of Code Section 43-3-9 shall not use the CPA title or hold himself or herself out as a certified public accountant until he or she has the requisite education and experience and has received his or her certificate and license as a certified public accountant.
  4. The board, by rule or regulation, may provide for granting a credit to any applicant for satisfactory completion of an examination in any one or more of the subjects provided for in paragraph (4) of subsection (b) of Code Section 43-3-9 given by the licensing authority in any other state. Such rules or regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the examination approved by the board at the time of the granting of such credit.
  5. The board, by rule or regulation, may prescribe the time and conditions under which an applicant may retain credit for a portion or portions of the examination provided for in paragraph (4) of subsection (b) of Code Section 43-3-9.

(Code 1933, § 84-205, enacted by Ga. L. 1935, p. 85, § 5; Code 1933, § 84-204, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-7; Ga. L. 1983, p. 559, § 3; Ga. L. 1989, p. 1098, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2002, p. 863, § 2; Code 1981, §43-3-10, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-7 as present Code Section 43-3-10; in subsection (a), inserted "rule or" and substituted "subsection (b) of Code Section 43-3-9" for "subsection (a) of Code Section 43-3-6" in the first sentence, and substituted "executive director" for "division director" in the second sentence; in subsection (b), substituted "applicants" for "candidates", and substituted "division (b)(3)(A)(ii) of Code Section 43-3-9" for "division (a)(3)(A)(ii) of Code Section 43-3-6"; in subsection (c), in the middle, substituted "subsection (b) of Code Section 43-3-9 shall not use the CPA title or hold himself or herself out" for "subsection (a) of Code Section 43-3-6 shall have no status", and inserted "and license" near the end; in subsection (d), in the first sentence, inserted "rule or" near the beginning, and substituted "subsection (b) of Code Section 43-3-9 given by the licensing authority in any other state" for "subsection (a) of Code Section 43-3-6 given by the licensing authority in another jurisdiction" near the end, and substituted "rules or regulations" for "regulations" near the beginning of the second sentence; in subsection (e), inserted "rule or" near the beginning, and substituted "subsection (b) of Code Section 43-3-9" for "subsection (a) of Code Section 43-3-6" near the end; and deleted former subsection (f), which read: "Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of certified public accountant certificates."

Editor's notes.

- This Code section formerly pertained to temporary certified public accountant certificates. The former Code section was based on Code 1933, § 84-204, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1983, p. 559, § 5, and was repealed and reserved by Ga. L. 1989, p. 1098, § 3, effective July 1, 1989.

Administrative Rules and Regulations.

- Examinations, application for certificates, and temporary permits - certified public accountants, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-3.

43-3-11. Certificate holder as "certified public accountant" or "public accountant".

Any individual who has received a certificate as a certified public accountant from the board and who holds a license may be styled and known as a "certified public accountant." Any certified public accountant may also be known as a "public accountant."

(Code 1933, § 84-212, enacted by Ga. L. 1935, p. 85, § 12; Code 1933, § 84-204, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-9; Ga. L. 2000, p. 1706, § 19; Code 1981, §43-3-11, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-9 as present Code Section 43-3-11; in this Code section, in the first sentence, substituted "individual" for "person" and substituted "license" for "live permit", and deleted the former second sentence, which read: "The division director shall maintain a list of certified public accountants; and, for this purpose, the board may provide by regulation a procedure whereby all certified public accountants are required to register with the board periodically."

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-11 as present Code Section 43-3-12.

43-3-12. Reciprocity for certified public accountants.

The board, in its discretion, may waive the examination provided for in paragraph (4) of subsection (b) of Code Section 43-3-9 and may issue a certificate as a certified public accountant to any individual who possesses the qualifications specified in paragraphs (1) and (2) of subsection (b) of Code Section 43-3-9 and what the board determines to be the substantial equivalent of the qualifications under paragraph (3) of subsection (b) of Code Section 43-3-9 and who is a holder of a certificate as a certified public accountant, then in full force and effect, issued under the laws of any other state; provided, however, that the certificate held by such individual was issued by any other state after an examination which, in the judgment of the board, is the equivalent of the standard established by the board for examinations administered pursuant to paragraph (4) of subsection (b) of Code Section 43-3-9; and provided, further, that such privileges are extended to citizens of this state by any other state that originally granted the certificate. Notwithstanding the foregoing, the examination provided for in paragraph (4) of subsection (b) of Code Section 43-3-9 shall be waived by the board in the case of an applicant who has been engaged in public practice for a period of ten years in any other state pursuant to the authority of such state.

(Code 1933, § 84-209, enacted by Ga. L. 1935, p. 85, § 9; Code 1933, § 84-204, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-11; Ga. L. 1983, p. 559, § 6; Code 1981, §43-3-12, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-11 as present Code Section 43-3-12; substituted "subsection (b) of Code Section 43-3-9" for "subsection (a) of Code Section 43-3-6" throughout; in the first sentence, substituted "individual" for "person" near the beginning, substituted "any other state; provided, however, that the certificate held by such individual was issued by any other state" for "another state, provided that the certificate held by such person was issued" in the middle, and substituted "any other state that originally granted" for "the state originally granting" near the end, and substituted "any other state pursuant to the authority of such" for "another state pursuant to authority issued by" in the second sentence.

Cross references.

- Cooperation between Georgia and other states generally, T. 28, C. 6.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-12 as present Code Section 43-3-13.

43-3-13. Individuals holding certified public accountant certificates, live permits, or licenses as of July 1, 2014.

Individuals who hold certified public accountant certificates, live permits, or licenses issued prior to July 1, 2014, under the laws of this state as they existed on June 30, 2014, shall not be required to undergo recertification or relicensure under this chapter but shall otherwise be subject to all applicable provisions of this chapter. Such certificates, live permits, and licenses issued prior to July 1, 2014, shall be considered certificates, live permits, and licenses issued under and subject to this chapter for all purposes.

(Code 1933, § 84-204, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-12; Ga. L. 1982, p. 3, § 43; Code 1981, §43-3-13, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-12 as present Code Section 43-3-13; in this Code section, substituted "July 1, 2014" for "July 1, 1977" in the first and second sentences, in the first sentence, substituted "Individuals" for "Persons", inserted ", live permits, or licenses", inserted "as they existed on June 30, 2014,", and inserted "or relicensure", and inserted ", live permits, and licenses" twice in the second sentence.

Editor's notes.

- This Code section formerly pertained to registered public accountants certified as certified public accountants. The former Code section was based on Code 1933, § 84-207, enacted by Ga. L. 1935, p. 85, § 7; Ga. L. 1943, p. 363, § 3; Ga. L. 1964, p. 723, § 3; Ga. L. 1965, p. 185, § 1; Ga. L. 1972, p. 508, § 1; Code 1933, § 84-205, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1983, p. 559, § 7; Ga. L. 2002, p. 863, § 4; Ga. L. 2005, p. 1030, § 2/SB 55, and was repealed by Ga. L. 2014, p. 136, § 1-2/HB 291.

43-3-14. Application for certification by nonresidents.

Application for certification by individuals who are not residents of this state shall constitute the appointment of the executive director as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accountancy in this state by such nonresident holders of certified public accountant certificates.

(Code 1981, §43-3-14, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291.)

Effective date.

- This Code section became effective July 1, 2014.

Editor's notes.

- This Code section formerly pertained to examinations for registered public accountants. The former Code section was based on Code 1933, § 84-205, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 1983, p. 559, § 8; Ga. L. 1989, p. 1098, § 4; Ga. L. 2000, p. 1706, § 19; Ga. L. 2002, p. 863, § 5, and was repealed by Ga. L. 2005, p. 1030, § 3, effective July 1, 2005.

43-3-15. Foreign registered accountant.

Notwithstanding any other provision of this chapter, on and after July 1, 2015, each foreign registered accountant who holds a license from the board and who is in good standing shall be certificated as a certified public accountant. On and after July 1, 2015, the board shall not consider any application for a foreign registered accountant.

(Code 1933, § 84-211, enacted by Ga. L. 1935, p. 85, § 11; Ga. L. 1958, p. 216, § 2; Ga. L. 1964, p. 723, § 2; Ga. L. 1968, p. 1232, § 1; Code 1933, § 84-206, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981,43-3-20; Ga. L. 1989, p. 1098, § 7; Code 1981, §43-3-15, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 6/HB 246.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-20 as present Code Section 43-3-15; in this Code section, substituted "his or her license" for "his live permit" in the first and third sentences; in the first sentence, substituted "individual" for "person" near the beginning, and substituted "by this chapter and the rules or regulations" for "by law and the rules and regulations" near the end, in the second sentence, substituted "provisions of this chapter and rules or regulations" for "laws and rules and regulations", and, in the third sentence, substituted "such license" for "such permit", inserted "the" preceding "terms", and deleted "as" preceding "determined".

The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "Any individual who was registered with the board on or before July 1, 1989, as a foreign accountant based on being a holder in good standing of a certificate, license, or degree in a foreign country constituting a recognized qualification for the practice of public accountancy in such country shall be eligible to renew his or her license under such terms and conditions as provided by this chapter and the rules or regulations of the board. Such registered foreign accountant shall be subject to the provisions of this chapter and rules or regulations of the board, including, but not limited to, those concerning continuing professional education requirements and disciplinary actions. Should such registered foreign accountant fail to renew his or her license or have such license revoked or suspended, the board may reinstate such registered foreign accountant under the terms and conditions determined by the board."

Editor's notes.

- This Code section formerly pertained to oral examinations for registered public accountants; permanent record of examinations. The former Code section was based on Code 1933, § 84-205, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1983, p. 559, § 9; Ga. L. 1989, p. 1098, § 5; Ga. L. 1995, p. 1302, § 13, and was repealed by Ga. L. 2002, p. 863, § 6, effective July 1, 2003.

43-3-16. Licensure requirements for firms practicing public accountancy.

  1. The board shall grant or renew the license of a firm practicing public accountancy to firms that meet the following requirements:
      1. Partners, members, or shareholders owning at least a simple majority of the financial interest and voting rights of the firm shall be certified public accountants of this state or any other state in good standing, except that such partners, members, or shareholders who are certified public accountants and whose office location designated by such partners, members, or shareholders who are certified public accountants for purposes of substantial equivalency and reciprocity is in this state and who perform accounting services in this state shall be required to hold a license from this state.
      2. An individual who has substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18 who performs services for which a firm licensure is required under paragraph (4) of subsection (b) of Code Section 43-3-18 shall not be required to obtain a certificate or license under this chapter;
    1. The firm shall be in compliance with all requirements and provisions of law governing the organizational form of the firm in any other state that is the firm's office location designation for purposes of substantial equivalency and reciprocity;
    2. The firm shall comply with all rules or regulations pertaining to firms licensed by the board;
    3. The resident manager, as such term is defined in the board's rules or regulations, of each office of the firm within this state in the practice of public accountancy shall be a certified public accountant of this state in good standing;
    4. Any firm that includes nonlicensee owners shall comply with the following rules:
      1. The firm shall designate the holder of a license in this state, or in the case of a firm which is required to be licensed pursuant to subparagraph (b) (1) (C) of this Code section, a licensee of any other state who meets the substantial equivalency practice privileges requirements set forth in subsection (b) of Code Section 43-3-18, who shall be responsible for the proper licensure of the firm and shall identify that individual to the board;
      2. All nonlicensee owners shall provide services or perform functions in the firm or the firm's affiliated entities; and
      3. The firm shall comply with such other requirements as the board may impose by rule or regulation;
    5. Any holder of a license in this state and any individual who qualifies for substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18 who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountant's report on behalf of the firm shall meet the competency requirements set by the board for such services; and
    6. Any holder of a license in this state and any individual who qualifies for substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18 who signs or authorizes someone to sign the accountant's report on behalf of the firm shall meet the competency requirements set by the board.
    1. The following firms shall be required to be licensed under this Code section:
      1. Any firm with a physical office in this state practicing public accountancy;
      2. Any firm with a physical office in this state that uses the title "CPA" or "CPA firm"; and
      3. Any firm that does not have a physical office in this state but performs any service described in subparagraph (A), (C), or (D) of paragraph (2) of Code Section 43-3-2 for a client that specifies a location in this state to which such service is directed.
    2. A firm that does not have a physical office in this state may perform services described in subparagraphs (B) and (E) of paragraph (2) or paragraph (4) of Code Section 43-3-2 for a client that specifies a location in this state to which any service described in subparagraph (A), (C), or (D) of paragraph (2) of Code Section 43-3-2 is directed and may use the title "CPA" or "CPA firm" without being licensed as provided in this Code section only if:
      1. It meets the qualifications described in paragraph (1) of subsection (a) of this Code section;
      2. It complies with the board's rules or regulations regarding peer review; and
      3. It performs such services through an individual with substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18.
    3. A firm that does not have a physical office in this state and that is not subject to the requirements of subparagraph (C) of paragraph (1) or paragraph (2) of this subsection may perform other professional services, as such services are defined in the board's rules or regulations, included in the practice of public accountancy while using the title "CPA" or "CPA firm" in this state without being licensed under this Code section only if:
      1. It performs such services through an individual with substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18; and
      2. It can lawfully perform such services in any other state where such individuals with substantial equivalency practice privileges have their office location designated by such individuals for purposes of substantial equivalency and reciprocity.
  2. Each firm required to be licensed under paragraph (1) of subsection (b) of this Code section shall be licensed biennially under this chapter with the board, provided that any firm for which such requirement becomes effective between biennial reporting periods shall become licensed with the board within 60 days. Such a firm shall be required to show that all attest and compilation services rendered in this state are under the supervision of an individual holding a license issued by the board or an individual with substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18. The board, by rule or regulation, shall prescribe the procedure to be followed in effecting such licensure and the information which shall be required to be provided regarding the firm and its practice.
  3. A licensed firm shall file written notice to the board, within 60 days after the occurrence of the opening of a new office or the closing or change of address of any of its offices in this state. Each such office shall be under the supervision of a resident manager who may be a partner, principal, shareholder, member, or a staff employee holding a license in this state.
  4. Neither the denial of a firm license under this Code section nor the denial of the renewal of a firm license under Code Section 43-3-17 shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant shall be allowed to appear before the board if he or she requests.

(Code 1933, § 84-207, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-21; Ga. L. 1993, p. 123, § 8; Ga. L. 1997, p. 1545, § 1; Ga. L. 2005, p. 1030, § 7/SB 55; Ga. L. 2008, p. 1112, § 4/HB 1055; Code 1981, §43-3-16, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 7/HB 246.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-21 as present Code Section 43-3-16; and rewrote this Code section.

The 2015 amendment, effective July 1, 2015, deleted "on the financial statements" following "accountant's report" near the end of paragraphs (a)(6) and (a)(7); and substituted "subparagraphs (B) and (e) of paragraph (2)" for "subparagraph (B) of paragraph (2)" in the introductory language of paragraph (b)(2).

Editor's notes.

- This Code section formerly pertained to certificate holder as "registered public accountant", list of registered public accountants, and periodic registration. The former Code section was based on Code 1933, § 84-212, enacted by Ga. L. 1935, p. 85, § 12; Code 1933, § 84-205, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 2000, p. 1706, § 19, and was repealed by Ga. L. 2005, p. 1030, § 4, effective July 1, 2005.

Administrative Rules and Regulations.

- Corporations for the practice of public accounting, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-6.

Individuals, partnerships, associations and corporations composed of certified public accountants, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-7.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, Ch. 84-2 are included in the annotations for this Code section.

State Board of Accountancy cannot prescribe place of office of accountant who has been certified. 1954-56 Op. Att'y Gen. p. 532 (decided under former Code 1933, Ch. 84-2).

RESEARCH REFERENCES

ALR.

- Right of corporation to engage in business, trade, or activity requiring license from public, 165 A.L.R. 1098.

43-3-17. Renewal of firm license.

  1. In each renewal year, each firm licensed in this state pursuant to Code Section 43-3-16 which has issued an attest or compilation report within the 24 months preceding the date of expiration of the firm's license shall submit, with the application for renewal, evidence of satisfactory completion of a board approved peer review within the 36 months preceding the date of such firm's license expiration. Satisfactory completion shall mean that the firm has undergone the entire peer review process and that the report of the peer review indicates that the firm maintains acceptable standards of competence and integrity in the practice of public accountancy. Firms which have not issued an attest or compilation report within the 24 months preceding the date of the firm's license expiration shall submit written confirmation of such fact with the application for the firm's license renewal. The board may waive or modify the requirements of this subsection in cases of hardship or other such circumstances which the board deems appropriate. The provisions of this subsection shall not apply to the practice of an enrolled agent before the federal Internal Revenue Service or the Department of Revenue if the enrolled agent is not otherwise engaged in the practice of public accountancy in this state.
  2. No firm shall be licensed in this state which shall have failed to comply with the provisions of this Code section, applicable requirements of law, and rules or regulations promulgated by the board.
  3. This Code section shall be construed to apply only to firms required to be licensed under this chapter.

(Code 1981, §43-3-23.1, enacted by Ga. L. 1988, p. 1616, § 3; Code 1981, §43-3-23, as redesignated by Ga. L. 1997, p. 1545, § 3; Code 1981, §43-3-17, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-23 as present Code Section 43-3-17; in subsection (a), substituted "firm's license" for "firm's registration" throughout, in the first sentence, substituted "licensed in this state pursuant to Code Section 43-3-16 which has issued an attest" for "registered in the state pursuant to Code Section 43-3-21 which has issued an audit, review,", substituted "license shall" for "registration must", and deleted "program" following "peer review", in the third sentence, substituted "issued an attest" for "issued an audit, review," and substituted "shall submit" for "must submit", and, in the last sentence, substituted "public accountancy" for "public accounting"; in subsection (b), substituted "licensed in this state" for "registered in the state", and substituted "Code section, applicable requirements of law, and rules or regulations" for "Code section and all applicable requirements of laws and rules"; and, in subsection (c), substituted "licensed" for "registered", in the first sentence, and deleted the former second sentence, which read: "Nothing contained in this Code section shall prohibit any person from operating under the provisions of subsection (b) of Code Section 43-3-36."

Editor's notes.

- Former Code Section 43-3-23.1, relating to renewal of registration, was redesignated as Code Section 43-3-23 by Ga. L. 1997, p. 1545, § 3, effective July 1, 1998.

Former Code Section 43-3-23, based on Code 1933, § 84-209, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1993, p. 123, § 10, relating to registration of certified public accountant offices and resident managers, was repealed by Ga. L. 1997, p. 1545, § 2, effective July 1, 1998.

This Code section formerly pertained to temporary registered public accountant certificates. The former Code section was based on Code 1933, § 84-205, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1983, p. 559, § 10, and was repealed by Ga. L. 1989, p. 1098, § 6, effective July 1, 1989.

43-3-18. Issuance of license to practice accountancy; substantial equivalency practice privilege for nonresidents.

  1. A license to engage in the practice of public accountancy in this state shall be issued by the executive director, at the direction of the board, to each individual who is certificated as a certified public accountant under Code Section 43-3-9 or 43-3-12 or who shall have furnished evidence, satisfactory to the board, of compliance with the continuing professional education requirements of Code Section 43-3-19, and to firms licensed under Code Section 43-3-16, provided that such firms are maintained and licensed as required under Code Sections 43-3-16 and 43-3-17. There shall be a biennial license fee in an amount to be determined by the board.
  2. Individuals may practice under substantial equivalency practice privileges as follows:
    1. An individual whose office location designation by such individual for purposes of substantial equivalency and reciprocity is in any other state shall be presumed to have qualifications substantially equivalent to this state's requirements, shall have all the privileges of license holders of this state, and may practice public accountancy in this state without the requirement to obtain a license under this chapter or to otherwise notify the board or pay any license fee if the individual:
      1. Holds a current license as a certified public accountant from any other state which requires, as a condition of licensure, that an individual:
        1. Has at least 150 semester hours of college education including a baccalaureate or higher degree conferred by a college or university;
        2. Achieves a passing grade on the Uniform Certified Public Accountant Examination; and
        3. Possesses at least one year of experience, including providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, which may be obtained through government, industry, academic, or public practice all of which was verified by a licensee; or
      2. Holds a current license as a certified public accountant from any other state which does not meet the requirements of subparagraph (A) of this paragraph but such individual's certified public accountant qualifications are substantially equivalent to those requirements. Any individual who passed the Uniform Certified Public Accountant Examination and holds a current license issued by any other state prior to January 1, 2012, may be exempt from the education requirement in division (1)(A)(i) of this subsection for purposes of this subparagraph;
    2. Notwithstanding any other provision of law, an individual who offers or renders professional services, as such services are defined in the board's rules or regulations, whether in person or by mail, telephone, or electronic means, under this Code section shall be granted substantial equivalency practice privileges in this state and no notice, license, fee, or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements of paragraph (3) of this subsection;
    3. An individual licensee of any other state exercising the privilege afforded under this subsection, and any firm that employs such individual, shall simultaneously consent, as a condition of exercising this privilege:
      1. To the personal and subject matter jurisdiction and disciplinary authority of the board;
      2. To comply with the provisions of this chapter and the board's rules or regulations;
      3. That in the event the individual's license issued by any other state designated by such individual for purposes of substantial equivalency and reciprocity is not current, the individual shall cease practicing public accountancy in this state individually and on behalf of a firm; and
      4. To the appointment of the board that issued the individual's license as the individual's agent upon whom process may be served in any action or proceeding by this state's board against the individual;
    4. An individual who qualifies for the substantial equivalency practice privileges under this Code section who, for a client who specifies a location in this state to which any service under subparagraph (A), (C), or (D) of paragraph (2) of Code Section 43-3-2 is directed, may only perform such services through a firm that is licensed with the board under Code Section 43-3-16; and
    5. An individual qualifying for the substantial equivalency practice privileges under paragraph (1) of this subsection may provide expert witness services in this state and shall be deemed to be in compliance with Code Section 24-7-702 for purposes of such services.
  3. Subsection (b) of this Code section shall not be applied or construed to allow an individual to engage in the practice of public accountancy in this state based on substantial equivalency practice privileges unless such individual holds a current license as a certified public accountant in any other state which grants similar reciprocity to license holders in this state.

(Code 1933, § 84-210, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-24; Ga. L. 1983, p. 559, § 12; Ga. L. 1993, p. 123, § 11; Ga. L. 1994, p. 97, § 43; Ga. L. 1997, p. 1545, § 5; Ga. L. 2000, p. 1706, § 19; Ga. L. 2005, p. 1030, § 8/SB 55; Ga. L. 2008, p. 1112, § 5/HB 1055; Ga. L. 2011, p. 99, § 64/HB 24; Code 1981, §43-3-18, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 8/HB 246.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-24 as present Code Section 43-3-18; and rewrote this Code section.

The 2015 amendment, effective July 1, 2015, deleted "registered as a foreign accountant under Code Section 43-3-15" preceding "who shall have" near the middle of the first sentence of subsection (a).

Editor's notes.

- Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

This Code section formerly pertained to reciprocity for registered public accountants. The former Code section was based on Code 1933, § 84-205, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1983, p. 559, § 11, and was repealed by Ga. L. 2005, p. 1030, § 5, effective July 1, 2005.

Administrative Rules and Regulations.

- Examinations, application for certificates, and temporary permits - certified public accountants, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-3.

Law reviews.

- For article on the effect on receiving government-issued licenses after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

43-3-19. Continuing professional education requirements.

  1. When an individual for one year or more has been certificated as a certified public accountant and has maintained licensure under such status, his or her application for renewal of a license shall be accompanied or supported by such evidence as the board shall prescribe of satisfactory completion of continuing professional education as provided in this Code section, provided that the board may relax or suspend requirements of continuing professional education in instances where an applicant's health requires it or in instances of individual hardship.
  2. The board shall be authorized to promulgate rules or regulations providing for continuing professional education which shall include:
    1. The number of hours of acceptable continuing professional education, which shall not be less than 60 hours, required to renew a license;
    2. The assignment of credit for hours in excess of the minimum continuing professional education requirement;
    3. The proration of required continuing professional education hours;
    4. Criteria for continuing professional education programs;
    5. Accreditation of continuing professional education programs; and
    6. The assignment of credits for participation in continuing professional education programs.
  3. All provisions of this chapter relating to continuing professional education shall be administered by the board; and, in addition to the other powers conferred on the board by this chapter, the board shall have the authority to appoint a committee or committees composed of certified public accountants, as it deems appropriate, to administer, implement, and otherwise carry out the provisions of this chapter relating to continuing professional education. The board may enter into agreements with sponsors to provide continuing professional education.
  4. Any licensee who has attained the age of 70 shall be exempt from the continuing professional educational requirements of this Code section and paragraph (1) of Code Section 43-3-24.

(Code 1933, § 84-210, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-25; Ga. L. 1989, p. 1098, § 8; Ga. L. 2005, p. 1030, § 9/SB 55; Code 1981, §43-3-19, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 9/HB 246.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-25 as present Code Section 43-3-19; substituted "When an individual for one year or more has been certificated as a certified public account or was registered as a foreign accountant in this state before July 1, 1989, and has maintained licensure under such status, his or her application for renewal of a license" for "Every application for renewal of a live permit by any individual who is and has been certificated as a certified public accountant or registered as a foreign accountant by this state for one year or more" in subsection (a); rewrote subsection (b); added the second sentence in subsection (c); and added subsection (d).

The 2015 amendment, effective July 1, 2015, deleted "or was registered as a foreign accountant in this state before July 1, 1989," following "certified public accountant" near the beginning of subsection (a).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2014, "certified public accountant" was substituted for "certified public account" near the beginning of subsection (a).

Editor's notes.

- This Code section formerly pertained to persons holding registered public accountant certificates as of July 1, 1977. The former Code section was based on Code 1933, § 84-205, enacted by Ga. L. 1977, p. 1063, § 1, and was repealed by Ga. L. 2005, p. 1030, § 6, effective July 1, 2005.

Administrative Rules and Regulations.

- Continuing professional education, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-11.

Law reviews.

- For article on the effect on receiving government-issued licenses after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).

43-3-20. Investigations; admissibility of records; filing of complaint; immunity; hearing.

  1. The executive director shall be vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, electronically stored information, or other material relating to the fitness of any licensee or applicant. The executive director or his or her appointed representative may issue subpoenas to compel access to any writing, document, electronically stored information, or other material upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of public accountancy may have occurred.
  2. The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the executive director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or licensing authority.
  3. If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by such licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has occurred, regardless of any statutory privilege; provided, however, that any documentary or electronic evidence relating to a person who received such services shall be reviewed in camera and shall not be subject to Article 4 of Chapter 18 of Title 50.
  4. The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel for such licensee or applicant.
  5. An individual may file a complaint against a licensee or applicant by submitting his or her complaint to the board or the executive director. When a complaint is filed, within 30 days after the conclusion of the investigation of such complaint, the executive director shall notify the complainant of the disposition of such complaint. In addition, the executive director shall upon request by the complainant advise the complainant as to the status of the complaint during the period of time that such complaint is pending.
  6. An individual, firm, association, authority, or other entity shall be immune from civil liability and criminal prosecution for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of this chapter relating to a licensee's or applicant's fitness to practice a business or profession licensed under this chapter or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any individual who testifies or makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of this chapter relating to a licensee's or applicant's fitness to practice the business or profession licensed by the board shall be immune from civil liability and criminal prosecution for so testifying.
  7. Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the licensee or applicant shall be allowed to appear before the board if he or she so requests. The board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any individual except the licensee or applicant.
  8. If a licensee or applicant after reasonable notice fails to appear at any hearing of the board for such licensee or applicant, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant or served by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is served by certified mail or statutory overnight delivery and is returned marked "unclaimed" or "refused" or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the executive director, or his or her designee, shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the executive director, or his or her designee, shall be deemed to be service upon the licensee or applicant.
  9. The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of such license, subject to reinstatement at the discretion of the board. The board may restore and reissue a license in the practice of public accountancy and, as a condition thereof, may impose any disciplinary sanction provided by this chapter.
  10. Regulation by the board under this chapter shall not exempt the practice of public accountancy from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975."
  11. For purposes of this Code section, the board may obtain, through subpoena by the executive director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board.

(Code 1981, §43-3-20, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 10/HB 246.)

Effective date.

- This Code section became effective July 1, 2014.

The 2015 amendment, effective July 1, 2015, inserted "or any other law relating to the practice of public accountancy" near the end of the last sentence of subsection (a); and added subsections (j) and (k).

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-20 as present Code Section 43-3-15.

43-3-21. Revocation or refusal to grant or renew license; immunity.

  1. The board may refuse to grant a license to an applicant, revoke any license issued by the board, discipline a licensee, or forbid an individual from exercising the substantial equivalency practice privileges for any one or any combination of the following causes:
    1. Failed to demonstrate the qualifications or standards for a license contained in this chapter, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications or standards, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires;
    2. Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of public accountancy or on any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice public accountancy; made a false statement or deceptive registration with the board; or engaged in dishonesty, fraud, or gross negligence in the practice of public accountancy;
    3. Had been convicted of any felony or crime involving moral turpitude in the courts of this state, any other state, a territory, or a country or in the courts of the United States. As used in this paragraph, the term:
      1. "Conviction" means and includes a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
      2. "Felony" means and includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere.
      1. Had been arrested, charged, and sentenced for the commission of any felony or crime involving moral turpitude when:
        1. First offender treatment without adjudication of guilt pursuant to the charge was granted; or
        2. An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere.
      2. An order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime.
      3. As used in this paragraph, the term "felony" shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere;
    4. Had his or her license to practice public accountancy revoked, suspended, or annulled by any lawful licensing authority other than the board; had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;
    5. Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice public accountancy under this chapter, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not result in actual injury to any person or be directly related to the practice of public accountancy but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of public accountancy;
    6. Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to practice public accountancy or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
    7. Violated a law or any rule or regulation of the board, this state, any other state, the United States, or any other lawful authority, without regard to whether the violation is criminally punishable, which law or rule or regulation relates to or in part regulates the practice of public accountancy, when the licensee or applicant knows or should have known that such action is violative of such law or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement;
    8. Had been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended so long as the adjudication of incompetence is in effect;
    9. Displayed an inability to practice under this chapter with reasonable skill and safety to the public or has become unable to practice public accountancy with reasonable skill and safety to the public by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material;
    10. Failed to comply with an order for child support pursuant to Code Section 19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the child support agency within the Department of Human Services indicating that the applicant or licensee has come into compliance with an order for child support so that a license may be issued or granted if all other conditions for licensure are met;
    11. Suspension or revocation of the right to practice any profession before any state or federal agency;
    12. Failure to furnish evidence of satisfaction of requirements of continuing professional education as required by the board pursuant to Code Section 43-3-19 or to meet any conditions with respect to continuing professional education which the board may have ordered under Code Section 43-3-19;
    13. Conduct which discredits the accounting profession; or
    14. Failure of such holder's firm to renew its license under Code Sections 43-3-16 and 43-3-17 or the failure of such firm to comply with any of the provisions of Code Section 43-3-17.
  2. An individual, firm, association, authority, or other entity shall be immune from civil liability and criminal prosecution for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice public accountancy or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any individual who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice public accountancy shall be immune from civil liability and criminal prosecution for so testifying.

(Code 1933, § 84-210, enacted by Ga. L. 1935, p. 85, § 10; Ga. L. 1950, p. 163, § 1; Code 1933, § 84-211, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-28; Ga. L. 1988, p. 1616, § 4; Ga. L. 1997, p. 1545, § 6; Ga. L. 2005, p. 1030, § 10/SB 55; Ga. L. 2008, p. 1112, § 6/HB 1055; Code 1981, §43-3-21, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 11/HB 246.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-28 as present Code Section 43-3-21; rewrote subsection (a); and, in subsection (b), in the first sentence, substituted "An individual, firm, association, authority, or other entity shall be immune from civil liability and criminal prosecution" for "A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability" at the beginning and substituted "public accountancy" for "public accounting" in the middle, and, in the second sentence, substituted "Any individual" for "Any person" and substituted "public accountancy shall be immune from civil liability and criminal prosecution" for "public accounting shall be immune from civil and criminal liability".

The 2015 amendment, effective July 1, 2015, rewrote subsection (a).

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-21 as present Code Section 43-3-16.

RESEARCH REFERENCES

ALR.

- Liability of independent accountant to investors or shareholders, 54 A.L.R.2d 324; 46 A.L.R.3d 979; 92 A.L.R.3d 396, 48 A.L.R.5th 389.

Disciplinary action against attorney or accountant for misconduct related to preparation of tax returns for others, 81 A.L.R.3d 1140.

43-3-22. Revocation, suspension, or refusal to renew firm license.

  1. After notice and hearing, as provided in Code Section 43-3-23, the board, may revoke the license to practice of a firm if at any time it does not have all the qualifications prescribed by the Code section under which it qualified for licensure.
  2. After notice and hearing as provided in Code Section 43-3-23, the board may revoke or suspend the license of a firm or may revoke, suspend, or refuse to renew its license or may censure the holder of any license for any of the following causes in addition to those enumerated in Code Section 43-3-21:
    1. The revocation or suspension of the certificate or license or the revocation, suspension, or refusal to renew the license to practice of any partner, member, or shareholder required by law to have such certificate or license as a condition to the firm's licensure;
    2. The cancellation, revocation, suspension, or refusal to renew the authority of the firm, or any partner, member, or shareholder thereof, to practice public accountancy in any other state for any cause other than voluntary withdrawal or failure to pay licensing fees in such other state; or
    3. The failure of such firm to become licensed or renew its license under Code Section 43-3-16 or the failure of such firm to comply with any of the provisions of Code Section 43-3-17.

(Code 1933, § 84-212, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-29; Ga. L. 1988, p. 1616, § 5; Ga. L. 1993, p. 123, § 12; Ga. L. 1997, p. 1545, § 7; Code 1981, §43-3-22, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-29 as present Code Section 43-3-22; in subsection (a), substituted "Code Section 43-3-23, the board, may revoke the license" for "Code Section 43-3-30, the board, in its discretion, may revoke the registration and permit" and substituted "licensure" for "registration" at the end; and, in subsection (b), substituted "license" for "registration" throughout, in the introductory paragraph, substituted "Code Section 43-3-23" for "Code Section 43-3-30", substituted "license or may censure the holder of any license" for "valid permit or may censure the holder of any such permit", and substituted "Code Section 43-3-21" for "Code Section 43-3-28", in paragraph (b)(1), substituted "revocation, suspension, or refusal to renew the license" for "revocation or suspension or refusal to renew the permit" and substituted "certificate or license as a condition to the firm's licensure" for "certificate, registration, or permit as a condition to the firm's registration or permit", in paragraph (b)(2), substituted "licensing" for "registration" near the end, and, in paragraph (b)(3), substituted "become licensed or renew its license" for "register or renew its registration", substituted "Code Section 43-3-16" for "Code Section 43-3-21", and substituted "Code Section 43-3-17" for "Code Section 43-3-23".

Editor's notes.

- This Code section formerly pertained to partnerships and professional associations composed of public accountants. The former Code section was based on Code 1933, § 84-210, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1983, p. 559, § 12; Ga. L. 1993, p. 123, § 11, and was repealed by Ga. L. 1993, p. 123, § 9, effective March 1, 1994.

43-3-23. Adjudicative hearings before board.

  1. The board may initiate proceedings under this chapter either on its own motion or on the complaint of any person.
  2. Notice, rules of procedure, right to review, and any other matters arising with respect to all adjudicative hearings conducted by the board shall be determined in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
  3. Before the board shall revoke or suspend a license, a certificate, or substantial equivalency practice privileges, it shall provide for a hearing for the holder of such license, certificate, or practice privileges in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case shall be entitled to judicial review in accordance with Chapter 13 of Title 50.
  4. Initial judicial review of a final decision of the board shall be held solely in the superior court of the county of domicile of the State Accounting Office.

(Code 1933, § 84-213, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-30; Ga. L. 2008, p. 1112, § 7/HB 1055; Code 1981, §43-3-23, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-30 as present Code Section 43-3-23; in subsection (c), substituted the present provisions of the first sentence for the former provisions, which read: "Before the board shall revoke or suspend a permit, certificate, registration, or practice privilege, it shall provide for a hearing for the holder of such permit, certificate, registration, or practice privilege in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'", and substituted "shall be entitled" for "is entitled" in the second sentence; and added subsection (d).

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-23 as present Code Section 43-3-17.

43-3-23.1. Redesignated.

Redesignated as Code Section 43-3-23, by Ga. L. 1997, p. 1545, § 3, effective July 1, 1998.

43-3-23.2 and 43-3-23.3

Repealed by Ga. L. 1997, p. 1545, § 4, effective July 1, 1998.

Editor's notes.

- Code Section43-3-23.2 was based on Code 1981, § 43-3-23.2, enacted by Ga. L. 1988, p. 1616, § 3. Code Section43-3-23.3 was based on Code 1981, § 43-3-23.3, enacted by Ga. L. 1988, p. 1616, § 3.

43-3-24. Sanctions; probation.

  1. After notice and hearing as provided in Code Section 43-3-23, the board may impose any one or more of the following sanctions in addition to the actions described in Code Sections 43-3-21, 43-3-22, and 43-3-25 for any of the causes described in Code Sections 43-3-21, 43-3-22, and 43-3-25:
    1. Refuse to grant or renew a license to an applicant;
    2. Administer a public or private reprimand, provided that a private reprimand shall not be disclosed to any person except the licensee;
    3. Suspend any license for a definite period or for an indefinite period in connection with any condition that may be attached to the restoration of such license;
    4. Limit or restrict any license as the board deems necessary for the protection of the public;
    5. Revoke any license;
    6. Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct;
    7. Impose on a licensee or applicant fees or charges in an amount necessary to reimburse the board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding;
    8. Require the licensee to complete successfully the specific courses or types of continuing professional education as specified by the board in accordance with Code Section 43-3-19 or pass special examinations as specified by the board, all at the cost and expense of the licensee;
    9. Require the licensee or firm holding a license to submit to a preissuance review prior to the issuance of any future reports, in a manner and for a duration as set by the board by a reviewer selected by the board at the licensee's cost and expense;
    10. Require a licensee or firm holding a license to submit to a peer review of its accounting and auditing practices upon such terms and conditions as shall be determined by the board at the cost and expense of such licensee; or
    11. Impose a civil penalty pursuant to Code Section 43-3-25.
  2. In addition to and in conjunction with the actions described in subsection (a) of this Code section, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which may be vacated upon noncompliance with such reasonable terms as the board may impose.

(Code 1981, §43-3-24, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 12/HB 246.)

Effective date.

- This Code section became effective July 1, 2014.

The 2015 amendment, effective July 1, 2015, designated the previously existing provisions as subsection (a); added paragraphs (a)(1) through (a)(7); redesignated former paragraphs (a)(1) through (a)(3) as paragraphs (a)(8) through (a)(10), respectively; deleted "or" following the concluding semicolon in paragraph (a)(9); added "; or" at the end of paragraph (a)(10); added paragraph (a)(11); and added subsection (b).

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-24 as present Code Section 43-3-18.

43-3-24.1. Cease and desist order.

  1. Notwithstanding any other provisions of the law to the contrary, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of public accountancy without a license.
  2. The violation of any cease and desist order of the board issued under subsection (a) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 for each transaction constituting a violation thereof. Each day that a person practices in violation of this chapter shall constitute a separate violation.
  3. Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board.
  4. Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by law without first seeking a cease and desist order in accordance with the provisions of this Code section.

(Code 1981, §43-3-24.1, enacted by Ga. L. 2015, p. 325, § 13/HB 246.)

Effective date.

- This Code section became effective July 1, 2015.

43-3-25. Civil penalty.

  1. Upon a finding by the board that an individual or firm governed by this chapter has violated any rule, regulation, or order promulgated by the board or any provision of this chapter, the board may impose a civil penalty, not to exceed $5,000.00 for each violation.
  2. In determining the amount of the penalty to impose for a violation, the board shall consider:
    1. The seriousness of the violation, including:
      1. The nature, circumstances, extent, and gravity of any prohibited act; and
      2. The hazard or potential hazard to the public;
    2. The economic damage to property caused by the violation;
    3. The history of any previous violation by the individual or firm;
    4. The amount necessary to deter a future violation;
    5. Any efforts on the part of the individual or firm to correct the violation; and
    6. Any other matter that justice may require.
  3. The board by rule or regulation may adopt a schedule for purposes of this Code section that prescribes ranges in the amounts of civil penalties to be imposed for specified types of conduct and circumstances.

(Code 1981, §43-3-25, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291.)

Effective date.

- This Code section became effective July 1, 2014.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-25 as present Code Section 43-3-19.

43-3-25.1. Confidentiality of applicant information.

  1. The following shall be available to the board and the board's employees and agents, but shall be treated as confidential, not subject to Article 4 of Chapter 18 of Title 50, and shall not be disclosed without the approval of the board:
    1. Applications and other personal information submitted by applicants, except to the applicant;
    2. Information, favorable or unfavorable, submitted by a reference source concerning an applicant; and
    3. Examination questions and other examination materials.
  2. The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes, shall be treated as confidential and not subject to Article 4 of Chapter 18 of Title 50; provided, however, that such deliberations may be released only to a federal enforcement agency or licensing authority or any other state's enforcement agency or licensing authority.
  3. Releasing the documents pursuant to this Code section shall not subject any otherwise privileged documents to the provisions of Article 4 of Chapter 18 of Title 50.

(Code 1981, §43-3-25.1, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 14/HB 246.)

Effective date.

- This Code section became effective July 1, 2014.

The 2015 amendment, effective July 1, 2015, substituted "to the board and" for "to an applicant, the board, and" in the introductory language of subsection (a); and added ", except to the applicant" at the end of paragraph (a)(1).

43-3-26. Authority of executive director to provide information regarding past or pending investigation of applicant.

The executive director shall be authorized to provide to any licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by the board or licensee of the board notwithstanding the provisions of subsection (b) of Code Section 43-3-20 or any other law to the contrary regarding the confidentiality of that information; provided, however, that such information shall only be shared after receiving written confirmation from the recipient authority that it assures preservation of confidentiality and the licensee has been given reasonable notice that the information shall be provided to another entity. Nothing in this chapter shall be construed to prohibit or limit the authority of the executive director to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by the board.

(Code 1981, §43-3-26, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291.)

Effective date.

- This Code section became effective July 1, 2014.

Editor's notes.

- This Code section formerly pertained to extension of time for compliance with licensing requirements. The former Code section was based on Ga. L. 1980, p. 1543, § 1, and was repealed by Ga. L. 1983, p. 559, § 13, effective March 15, 1983.

43-3-27. Notification of conviction; time limit; suspension.

  1. Any individual issued a license or certification under this chapter or providing services under substantial equivalency practice privileges and convicted under the laws of this state, the United States, any other state, or any other country of a felony as defined in paragraph (3) of subsection (a) of Code Section 43-1-19 shall be required to notify the board of such conviction within 30 days of such conviction. The failure of such individual to notify the board of a conviction shall be considered grounds for revocation of his or her license or other authorization issued pursuant to this chapter.
  2. The board may not suspend the license of an individual because he or she is a borrower in default under the Georgia Higher Education Loan Program as determined by the Georgia Higher Education Assistance Corporation or has been certified by any entity of the federal government for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program.

(Code 1981, §43-3-27, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2019, p. 462, § 1-13/SB 214.)

Effective date.

- This Code section became effective July 1, 2014.

The 2019 amendment, effective July 1, 2019, rewrote subsection (b), which read: "The board may suspend the license of an individual who has been certified by a federal agency and reported to the board for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program. Prior to the suspension, the licensee shall be entitled to notice of the board's intended action and opportunity to appear before the board. A suspension of a license under this Code section is not a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A license suspended under this Code section shall not be reinstated or reissued until the individual provides the board a written release issued by the reporting agency stating that the individual is making payments on the loan or satisfying the service requirements in accordance with an agreement approved by the reporting agency. If the individual has continued to meet all other requirements for licensure during the period of suspension, reinstatement of the license shall be automatic upon receipt of the notice and payment of any reinstatement fee which the board may impose."

Editor's notes.

- This Code section formerly pertained to biennial inactive status licenses. The former Code section was based on Ga. L. 1980, p. 1543, § 1, and was repealed by Ga. L. 1983, p. 559, § 14, effective March 15, 1983.

43-3-28. Reinstatement of certification; modification of suspension of license or substantial equivalent practice privileges.

Upon written application after a hearing pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," the board may recertificate a certified public accountant whose certification has been revoked or may reissue or modify the suspension of a license or substantial equivalency practice privileges which have been revoked or suspended.

(Code 1933, § 84-214, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-31; Ga. L. 2008, p. 1112, § 8/HB 1055; Code 1981, §43-3-28, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 15/HB 246.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-31 as present Code Section 43-3-28; and substituted "suspension of a license or substantial equivalency practice privileges which have" for "suspension of a live permit or practice privilege which has" near the end of this Code section.

The 2015 amendment, effective July 1, 2015, deleted "or reregister a foreign accountant" preceding "whose certification" and deleted "or registration" following "whose certification".

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-28 as present Code Section 43-3-21.

43-3-29. Ownership of accountants' working papers; confidentiality of communications to accountants; peer review not subject to discovery.

  1. All statements, records, schedules, working papers, computer printouts, computer tapes, and memoranda made by a certified public accountant incident to, or in the course of, professional service to clients by such certified public accountant, except reports submitted by a certified public accountant to a client, shall be and remain the property of such certified public accountant and his or her partners, fellow shareholders, or fellow members of the firm, in the absence of an express agreement between such certified public accountant and his or her client to the contrary. No such statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or his or her personal representative or assignee, to anyone other than one or more surviving partners, fellow shareholders, or fellow members of the firm of such certified public accountant.
  2. All communications between a certified public accountant or employee of such certified public accountant acting in the scope of such employment and the person for whom such certified public accountant or employee shall have made any audit or other investigation in a professional capacity and all information obtained by a certified public accountant or such an employee in his or her professional capacity concerning the business and affairs of clients shall be deemed privileged communications in all courts or in any other proceedings whatsoever; and no such certified public accountant or employee shall be permitted to testify with respect to any of such matters, except with the written consent of such person or client or such person's or client's legal representative; provided, however, that nothing in this subsection shall be construed as prohibiting a certified public accountant or such an employee from:
    1. Disclosing any data required to be disclosed by the standards of the accounting profession in rendering an opinion on the presentation of financial statements or in making disclosure where the practices or diligence of the accountant in preparing, or in expressing an opinion upon, such financial statements are contested;
    2. Disclosing any data when the practice of public accountancy by the accountant is being contested by or against the client for whom the practice of public accountancy was performed or any representative or assignee of such client;
    3. Disclosing any data to other certified public accountants or employees thereof in connection with practice reviews and ethics reviews sponsored by professional groups, the purpose of which reviews is to survey such accountant's business practices, audits, and work papers or to review ethical considerations concerning such accountant; or
    4. Disclosing any data pertaining to an application, investigation by the board, or hearing on its behalf, so long as such data shall be received by the board in camera and shall not be disclosed to the public; and provided, further, that no disclosure provided for in this paragraph shall constitute a waiver of the privilege established in this subsection.
  3. The proceedings of and data obtained through peer review or by the board pursuant to paragraph (3) of subsection (b) of this Code section shall not be subject to discovery or introduction into evidence in any civil action, except in a hearing before the board, against a certified public accountant for matters which are the subject of evaluation and review by such peer review or the board; and no individual who was in attendance at a meeting of such peer review or the board shall be permitted or required to testify in any such civil action, except in a hearing before the board, as to any evidence or the matters produced or presented during the proceedings of such peer review or the board or as to any findings, recommendations, evaluations, opinions, or actions of such peer review or the board or any members thereof; provided, however, that any information, documents, or records otherwise available from original sources shall not be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such peer review or the board; and provided, further, that no individual who testifies before such peer review or the board or who is a member of such peer review or the board shall be prevented from testifying as to matters within his or her knowledge, provided that such witness may not be questioned regarding such witness's testimony before such peer review or the board or opinions formed by the witness as a result of such hearings of such peer review or the board.

(Code 1933, § 84-220, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-32; Ga. L. 1988, p. 1616, § 7; Ga. L. 1993, p. 123, § 14; Ga. L. 1997, p. 1545, § 8; Code 1981, §43-3-29, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-32 as present Code Section 43-3-29; deleted "or public accountant" following "certified public accountant" throughout this Code section; in subsection (a), substituted "his or her client" for "the client" near the end of the first sentence and substituted "his or her personal representative or assignee" for "his personal representative or his assignee" in the second sentence; in subsection (b), deleted ", public accountant," following "certified public accountant" throughout, in the introductory paragraph of subsection (b), inserted "or her" in the middle, and substituted "representative; provided, however," for "representative, provided" near the end, and substituted the present provisions of paragraph (b)(2) for the former provisions, which read: "Disclosing any data where the professional services of the accountant are being contested by or against the client for whom such services were performed or any representative or assignee of such client;"; and added subsection (c).

Cross references.

- Privileged communications generally, § 24-5-501 et seq.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-29 as present Code Section 43-3-22.

Law reviews.

- For annual survey of the law of evidence, see 38 Mercer L. Rev. 215 (1986). For annual survey of evidence law, see 56 Mercer L. Rev. 235 (2004). For article, "How Companies Can Keep Their Sensitive Information Away from Adversaries but Still Cooperate with Auditors," see 22 Ga. St. Bar. J. 27 (Feb. 2017). For note discussing confidential communication privileges in Georgia, see 2 Ga. St. B.J. 356 (1966).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1943, p. 363, § 4 are included in the annotations for this Code section.

O.C.G.A. § 43-3-32 creates a privilege for all confidential communications between an accountant and a client made for or in the rendition of accounting services and all other confidential information concerning the business affairs of clients and obtained by the accountant for the purposes of preparing financial reports or giving accounting advice. Nashville City Bank & Trust Co. v. Reliable Tractor, Inc., 90 F.R.D. 709 (M.D. Ga. 1981).

No privilege without accountant-client relationship.

- It is elemental that the predicate for the assertion of the accountant-client privilege is that an accountant-client relationship existed. GMAC v. Bowen Motors, Inc., 167 Ga. App. 463, 306 S.E.2d 675 (1983).

Federal courts should recognize state privileges if possible.

- Georgia General Assembly has decided that the accountant-client relationship needs the protection of an evidentiary privilege, and the court agrees that federal courts should recognize state privileges when this can be done at no substantial cost to federal policies. International Horizons, Inc. v. Committee of Unsecured Creditors, 16 Bankr. 484 (N.D. Ga. 1981), aff'd, 689 F.2d 996 (11th Cir. 1982).

Accountant's privilege inapplicable in federal question case.

- In a federal question case, a state privilege need not be honored if the state privilege is broader than those recognized at common law; thus, in a case based almost totally on federal securities laws, the United States District Court will not recognize an accountant's privilege invoked pursuant to Georgia statutory law. Osterneck v. E.T. Barwick Indus., Inc., 82 F.R.D. 81 (N.D. Ga. 1979).

Bankruptcy court is not required to apply the accountant-client privilege when the bankruptcy proceeding does not involve state claims, there is no accountant-client privilege as a matter of federal common law, and considerations of comity do not require federal courts to embrace the privilege. International Horizons, Inc. v. Committee of Unsecured Creditors, 689 F.2d 996 (11th Cir. 1982).

Accountant-client privilege not applied in federal law proceeding initiated by client.

- In a federal law proceeding initiated by an accountant's client, in which a committee for unsecured creditors is seeking discovery pursuant to federal law, the court will decline to apply the Georgia accountant-client privilege. International Horizons, Inc. v. Committee of Unsecured Creditors, 16 Bankr. 484 (N.D. Ga. 1981), aff'd, 689 F.2d 996 (11th Cir. 1982).

Liability for disclosing information to federal agent.

- Accountants are not insulated from liability under state law when the accountants voluntarily disclose information to a federal agent during the course of a federal tax investigation. Roberts v. Chaple, 187 Ga. App. 123, 369 S.E.2d 482 (1988).

Liability of accounting firm for letter sent to controller's firm.

- With regard to a controller's claims for defamation and tortious interference against an accounting/auditing firm that wrote a letter to the controller's employer that resulted in the controller's termination from employment, the trial court erred by dismissing the complaint after concluding that the alleged defamatory statements were inactionable privileged communications that had not been published since the controller sufficiently alleged malice, the communications between the accounting/auditing firm and the employer were conditionally privileged under O.C.G.A. § 51-5-7, and the controller sufficiently alleged publication of the statements. Saye v. Deloitte & Touche, LLP, 295 Ga. App. 128, 670 S.E.2d 818 (2008).

Reliance on statute unreasonable when communications occurred before enactment.

- Georgia's statutory accountant-client privilege was not enacted until 1977, which was long after some of the communications at issue in this case. Thus, any reliance by the parties on the confidentiality of their communication was not reasonable. International Horizons, Inc. v. Committee of Unsecured Creditors, 16 Bankr. 484 (N.D. Ga. 1981), aff'd, 689 F.2d 996 (11th Cir. 1982).

Privilege inapplicable to client lists.

- Requirement under O.C.G.A. § 43-3-32(a) that a client consent to the transfer of the accountant's working papers does not apply to an accounting firm's client list. Crews v. Wahl, 238 Ga. App. 892, 520 S.E.2d 727 (1999).

Privilege inapplicable to subpoenas.

- O.C.G.A. § 43-3-32 did not apply in an action by the Inspector General of the United States Department of Agriculture to enforce subpoenas seeking information on possible payment errors with respect to Agricultural Stabilization and Conservation Service Programs. Inspector Gen. of USDA v. Griffin, 972 F. Supp. 676 (M.D. Ga. 1997).

Privilege is inapplicable to communications which occurred before perpetration of fraud or crime. In re Hall County Grand Jury Proceedings, 175 Ga. App. 349, 333 S.E.2d 389, cert. vacated, 255 Ga. 241, 338 S.E.2d 864 (1985).

Privilege was not necessary when debtors' full disclosure to accountant was guaranteed by the debtors' need for the accountant's certification of their financial statements, and by the unwillingness of a firm of the accountant's stature to make such a certification unless the firm was convinced that the debtors had made full disclosure. International Horizons, Inc. v. Committee of Unsecured Creditors, 16 Bankr. 484 (N.D. Ga. 1981), aff'd, 689 F.2d 996 (11th Cir. 1982).

Unsecured creditors permitted access to accountant's work papers.

- When an accountant has not convinced the court that the court should recognize the accountant-client privilege in the absence of "compelling justification," and has failed to present such justification, the committee of unsecured creditors will be permitted access to the accountant's financial documents and work papers in its possession. International Horizons, Inc. v. Committee of Unsecured Creditors, 16 Bankr. 484 (N.D. Ga. 1981), aff'd, 689 F.2d 996 (11th Cir. 1982).

Audit reports concerning financial condition of debtor's subsidiary.

- State law determined the existence of accountant-client privilege to protect audit reports concerning financial condition of debtor's subsidiary, even though the proceeding was subject to the jurisdiction of the bankruptcy court as claims ancillary to a Title XI case. Providers Fid. Life Ins. Co. v. Tidewater Group, Inc., 65 Bankr. 179 (Bankr. N.D. Ga. 1986).

Claims of breach of contract and tortious conspiracy to defraud did not raise the issue of the defendant's financial condition so as to allow the claimant to discover audit reports to which the defendant had not waived the defendant's accountant-client privilege. Providers Fid. Life Ins. Co. v. Tidewater Group, Inc., 65 Bankr. 179 (Bankr. N.D. Ga. 1986).

Accountant upon leaving accounting firm could properly copy records, statements, working papers, and other materials "prepared" by that accountant, but copying such materials "made" by other accountants in the firm was not proper when done for that accountant's own use. Singer v. Habif, Arogeti & Wynne, P.C., 250 Ga. 376, 297 S.E.2d 473 (1982).

Waiver of accountant-client privilege.

- Since the defendant's disclosure of audit reports in another proceeding had been compelled by the court, this did not constitute a voluntary waiver of the accountant-client privilege to allow another claimant in a separate proceeding access to the reports. Providers Fid. Life Ins. Co. v. Tidewater Group, Inc., 65 Bankr. 179 (Bankr. N.D. Ga. 1986).

Testimony in regard to accountant's employment itself is admissible. Gearhart v. Etheridge, 131 Ga. App. 285, 205 S.E.2d 456, aff'd, 232 Ga. 638, 208 S.E.2d 460 (1974) (decided under Ga. L. 1943, p. 363, § 4).

Cited in Driscoll v. Shuttler, 115 F.R.D. 571 (N.D. Ga. 1987).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1943, p. 363, § 4 are included in the annotations for this Code section.

Accountant may not disclose confidential communications for practice review.

- Certified public accountant may not for purpose of practice review disclose to third parties a client's communications to that accountant which are made confidential. 1973 Op. Att'y Gen. No. 73-158 (decided under Ga. L. 1943, p. 363, § 4).

RESEARCH REFERENCES

ALR.

- Right of accountant to lien upon client's books and records in former's possession, 76 A.L.R.2d 1322.

Ownership of, and literary property in, working papers and data of accountant, 90 A.L.R.2d 784.

Privileged communications between accountant and client, 33 A.L.R.4th 539.

43-3-29.1. Sanctions.

Repealed by Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014.

Editor's notes.

- This Code section was based on Ga. L. 1988, p. 1616, § 6; Ga. L. 1993, p. 123, § 13.

43-3-30. Injunctions; assistance of Attorney General; evidentiary matters.

  1. Whenever, in the judgment of the board, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of this chapter, the board may make application to the superior court of the county in which such acts or practices have occurred or may be reasonably expected to occur for an order enjoining such acts or practices; and upon a showing by the board that such person has engaged or is about to engage in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court.
  2. The Attorney General shall assist in the enforcement of this chapter. The board is authorized to retain such attorneys as it deems necessary, with the approval of the Attorney General, to assist the board in bringing any action authorized by law.
  3. The electronic, printed, engraved, or written display or uttering by a person of a card, sign, advertisement, instrument, or other device bearing an individual's name in conjunction with the words "certified public accountant" or any abbreviation thereof shall be prima-facie evidence in any action brought under this Code section or Code Section 43-3-34 that the individual whose name is so displayed caused or procured the electronic, printed, engraved, or written display or uttering of such card, sign, advertisement, instrument, or other device and that such individual is holding himself or herself out to be a certified public accountant holding a license or otherwise claims to be qualified to use such title by virtue of the substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18 or of the firm practice provisions of subsection (b) of Code Section 43-3-16. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct.

(Code 1933, § 84-217, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-33; Code 1981, §43-3-30, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-33 as present Code Section 43-3-30; deleted "of Code Section 43-3-35 or any other Code section" following "a violation" in subsection (a); and added subsection (c).

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-30 as present Code Section 43-3-23.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, §§ 1, 17 et seq.

43-3-31. Use of titles or devices; false or fraudulent claims; regulation of solicitation of employment.

  1. No individual shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such individual is a certified public accountant unless such individual has received a certificate as a certified public accountant under this chapter, holds a license, and all of such individual's physical offices in this state are maintained and licensed as required under Code Sections 43-3-16 and 43-3-17.
  2. No firm shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm is composed of certified public accountants unless such firm is licensed as a firm of certified public accountants under Code Section 43-3-16, and all physical offices of such firm in this state are maintained and licensed as required under Code Sections 43-3-16 and 43-3-17.
  3. No individual or firm shall assume or use:
    1. Any title or designation likely to be confused with "certified public accountant," including, without limiting the generality of the foregoing, "certified accountant," "enrolled accountant," "licensed accountant," "licensed public accountant," or "registered accountant"; or
    2. Any abbreviation likely to be confused with "CPA," including, without limiting the generality of the foregoing, "C.A.," "E.A.," "R.A.," "L.A.," or "L.P.A."
  4. No individual shall sign or affix his or her name or any trade assumed name used by him or her in his or her profession or business to any report or compiled financial statement that states or implies assurance as to the reliability of any representation or estimate in regard to any person or organization embracing financial or attested information or facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, rules, regulations, grants, loans, and appropriations, together with any wording accompanying, contained in, or affixed on such report or compiled financial statement, which indicates that he or she has expert knowledge in accounting or auditing unless he or she holds a license and all of his or her physical offices in this state are maintained and licensed under Code Sections 43-3-16 and 43-3-17, provided that this subsection shall not prohibit any officer, employee, partner, member, or principal of any organization from affixing his or her signature to any statement or report in reference to the affairs of such organization with any wording designating the position, title, or office which he or she holds in such organization, nor shall this subsection prohibit any act of a public official or public employee in the performance of his or her duties as such.
  5. No individual shall sign or affix, or cause to be signed or affixed, a firm name to any report or compiled financial statement that states or implies assurance as to the reliability of any representation or estimate in regard to any person or organization embracing financial or attested information or facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, rules, grants, loans, and appropriations, together with any wording accompanying or contained in such report or compiled financial statement, which indicates that such firm is composed of or employs individuals having expert knowledge in accounting or auditing unless the firm holds a license and all of its physical offices in this state are maintained and licensed as required under Code Sections 43-3-16 and 43-3-17.
  6. A licensee shall not use or participate in the use of any form of public communication having reference to his or her practice of public accountancy which contains a false, fraudulent, misleading, deceptive, or unfair statement or claim. A false, fraudulent, misleading, deceptive, or unfair statement or claim includes, but shall not be limited to, a statement or claim which:
    1. Contains a misrepresentation of fact;
    2. Is likely to mislead or deceive because it fails to make full disclosure of relevant facts;
    3. Contains any testimonial, laudatory, or other statement or implication that the licensee's practice of public accountancy is of exceptional quality, if not supported by verifiable facts;
    4. Is intended or likely to create false or unjustified expectations of favorable results;
    5. Implies educational or professional attainments or licensing recognition not supported in fact;
    6. States or implies that the licensee has received formal recognition as a specialist in any aspect of the practice of public accountancy, except in accordance with rules or regulations adopted by the board;
    7. Represents that the practice of public accountancy can or will be completely performed for a stated fee when this is not the case or makes representations with respect to fees for such services that do not disclose all variables that may reasonably be expected to affect the fees that will in fact be charged; or
    8. Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.
  7. The board may by rule or regulation prohibit a licensee from soliciting by any direct personal communication an engagement to practice public accountancy.
  8. It shall not be a violation of this Code section or chapter for an individual who does not hold a license under this chapter but who qualifies for the substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18 to use the title or designation "certified public accountant" or "CPA" or other titles to indicate that the individual is a certified public accountant, and such individual may engage in the practice of public accountancy in this state with the same privileges as a license holder so long as the individual complies with paragraph (4) of subsection (b) of Code Section 43-3-18.
  9. It shall not be a violation of this Code section or chapter for a firm that has not obtained a license under this chapter and that does not have an office in this state to use the title or designation "certified public accountant" or "CPA" or other titles to indicate that the firm is composed of certified public accountants, and such firm may engage in the practice of public accountancy in this state with the same privileges as a firm with a license so long as it complies with subsection (b) of Code Section 43-3-16.

(Ga. L. 1908, p. 86, § 1; Penal Code 1910, § 702; Code 1933, § 84-9902; Code 1933, § 84-213, enacted by Ga. L. 1935, p. 85, § 13; Ga. L. 1943, p. 363, § 5; Ga. L. 1968, p. 1232, § 2; Code 1933, § 84-215, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-35; Ga. L. 1983, p. 559, § 15; Ga. L. 1993, p. 123, § 15; Ga. L. 1994, p. 97, § 43; Ga. L. 1997, p. 1545, § 10; Ga. L. 2005, p. 1030, § 11/SB 55; Ga. L. 2008, p. 1112, § 10/HB 1055; Code 1981, §43-3-31, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 16/HB 246.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-35 as present Code Section 43-3-31; and rewrote this Code section.

The 2015 amendment, effective July 1, 2015, deleted ", provided that a foreign accountant who has registered under Code Section 43-3-15 and who holds a license may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree" following "43-3-17" at the end of subsection (a); deleted the comma following "'L.P.A.'" at the end of paragraph (c)(2); deleted the former concluding language of subsection (c), which read: "provided that a foreign accountant registered under Code Section 43-3-15 who holds a license in this state and all of whose physical offices in this state are maintained and licensed as required under Code Sections 43-3-16 and 43-3-17 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree."; and, in subsections (d) and (e), substituted "report or compiled financial statement" for "opinion or certificate" twice and inserted "or attested" near the middle.

Cross references.

- False or fraudulent advertising, § 10-1-420 et seq.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-31 as present Code Section 43-3-28.

JUDICIAL DECISIONS

Individual accountants in firm subject to city occupational tax.

- Accountants who were licensed as certified public accountants, but who worked on the audit staff of a large firm, had no contact with the public, and whose work was the same as others who were not licensed certified public accountants, were engaged in "public accounting" and were subject to the city occupational tax. City of Atlanta v. Daley, 257 Ga. 674, 362 S.E.2d 348 (1987).

Business manager not registered as public accountant can testify as an expert bookkeeper.

- Witness who is privately employed as a business manager and financial advisor of an office can testify as an expert in bookkeeping even though the witness is not registered as a public accountant. Stephens v. Parrino & Ware, 138 Ga. App. 634, 226 S.E.2d 809 (1976), overruled on other grounds, Mayor of Savannah v. Canady, 255 Ga. 23, 334 S.E.2d 693 (1985).

OPINIONS OF THE ATTORNEY GENERAL

One maintaining an office for and practicing public accounting without a license is guilty of a misdemeanor. 1948-49 Op. Att'y Gen. p. 294.

Uncertified individual practicing accounting violates chapter although not holding self out as registered or certified.

- Person with an established office who is practicing public accounting such as doing audits, rendering reports thereon, and installing accounting systems without a license is violating the statutes although the individual neither calls themselves a registered public accountant nor a certified public accountant. 1948-49 Op. Att'y Gen. p. 293; 1948-49 Op. Att'y Gen. p. 294.

Certified public accountant's signature to report when principals not certified is misdemeanor.

- Signature of a certified public accountant to a report for a firm when the principals are not certified, or when one is certified and another is not, would be guilty of a misdemeanor, and all members of the firm and the certified public accountant signing the report of the firm would be equally guilty under the law. 1950-51 Op. Att'y Gen. p. 137.

RESEARCH REFERENCES

C.J.S.

- 15A C.J.S., Conspiracy, § 34 et seq. 35 C.J.S., False Pretenses, § 16 et seq. 65 C.J.S., Negligence, §§ 427, 428, 458 et seq.

ALR.

- Practices forbidden by state deceptive trade practice and consumer protection acts, 89 A.L.R.3d 449.

43-3-32. Exceptions to operation of chapter.

  1. Nothing contained in this chapter shall prohibit any individual who is not a certified public accountant from serving as an employee of or an assistant to a certified public accountant or firm of certified public accountants holding a license, provided that such employee or assistant shall not issue or attest to any accounting or financial statement over his or her name.
  2. Nothing contained in this chapter shall prohibit any person from offering to perform or performing for the public, for compensation, any of the following services:
    1. The recording of financial transactions in books of record;
    2. The making of adjustments of such transactions in books of record;
    3. The making of trial balances from books of record;
    4. Internal verification and analysis of books or accounts of original entry;
    5. The preparation of unaudited financial statements, schedules, or reports;
    6. The devising and installing of systems or methods of bookkeeping, internal controls of financial data, or the recording of financial data; or
    7. The preparation of tax returns and related forms.

(Code 1933, § 84-216, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-36; Ga. L. 1983, p. 559, § 16; Ga. L. 1993, p. 123, § 16; Code 1981, §43-3-32, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 17/HB 246.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-36 as present Code Section 43-3-32; and, in subsection (a), substituted "individual" for "person" near the beginning, deleted "or public accountant" following "certified public accountant" twice and deleted "or public accountants" following "certified public accountants" near the middle, substituted "license" for "live permit" twice in the middle, substituted "Code Section 43-3-15" for "Code Section 43-3-20", and inserted "or her" near the end.

The 2015 amendment, effective July 1, 2015, deleted "or a foreign accountant registered under Code Section 43-3-15 and holding a license" following "holding a license" near the middle of subsection (a).

Cross references.

- Substantial equivalency practice privileges for nonresidents, § 43-3-18.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-32 as present Code Section 43-3-29.

JUDICIAL DECISIONS

Conduct alleged in complaint did not constitute practice of public accountancy.

- Since: (1) the defendants performed an audit as a matter of private agreement pursuant to subcontracts between the parties; (2) the plaintiff did not allege that the defendants held themselves out as licensed public accountants or that the defendants performed accounting services for clients; and (3) acting at all times as employees of the defendant corporation, the individual defendants merely verified and analyzed the plaintiff's books and accounts for the benefit of the defendant corporation, the defendants did not practice public accountancy. Project Control Servs., Inc. v. Reynolds, 247 Ga. App. 889, 545 S.E.2d 593 (2001).

RESEARCH REFERENCES

ALR.

- Practices forbidden by state deceptive trade practice and consumer protection acts, 89 A.L.R.3d 449.

43-3-33. Service member; license expiration.

  1. As used in this Code section, the term "service member" means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer.
  2. Any service member whose license issued pursuant to any provision of this chapter expired while such service member was serving on active duty outside this state shall be permitted to practice public accountancy in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing a profession with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within this state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within this state. The service member shall present to the board either a copy of the official military orders or a written verification signed by the service member's commanding officer in order to waive any violation of this chapter relating to practicing public accountancy with an expired license.

(Code 1981, §43-3-33, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291.)

Effective date.

- This Code section became effective July 1, 2014.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-33 as present Code Section 43-3-30.

43-3-34. Criminal penalty.

Any person who violates this chapter shall be guilty of a misdemeanor.

(Code 1933, § 84-218, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, §43-3-38, as redesignated by Ga. L. 1997, p. 1545, § 11; Code 1981, §43-3-34, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291.)

The 2014 amendment, effective July 1, 2014, redesignated former Code Section 43-3-38 as present Code Section 43-3-34.

Editor's notes.

- Ga. L. 1992, p. 3137, § 2, effective July 1, 1992, repealed former Code Section 43-3-38, which was based on Ga. L. 1982, p. 1782, §§ 1, 2 and Ga. L. 1988, p. 307, § 1, relating to termination.

This Code section formerly pertained to registered holding oneself out to be a licensed certified public accountant or public accountant; single prohibited act as grounds for injunction or conviction. The former Code section was based on Code 1933, § 84-219, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1997, p. 1545, § 9; Ga. L. 2008, p. 1112, § 9/HB 1055, and was repealed by Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014.

RESEARCH REFERENCES

ALR.

- Injunction as available remedy against prosecution or arrest for conducting business or practicing profession without a license, 167 A.L.R. 915.

43-3-35. Redesignated.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-35 as present Code Section 43-3-31.

43-3-36. Redesignated.

Editor's notes.

- Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014, redesignated former Code Section 43-3-36 as present Code Section 43-3-32.

43-3-36.1. Exempted licensees.

Repealed by Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014.

Editor's notes.

- This Code section was based on Ga. L. 1988, p. 1616, § 8; Ga. L. 2000, p. 136, § 43.

43-3-37. Use of acquired materials in civil action.

Repealed by Ga. L. 2014, p. 136, § 1-2/HB 291, effective July 1, 2014.

Editor's notes.

- This Code section was based on Ga. L. 1997, p. 1545, § 11; Ga. L. 1998, p. 128, § 43.

CHAPTER 4 ARCHITECTS

Article 1 General Provisions.
Article 2 Registered Interior Designers.
Cross references.

- Professional corporations generally, T. 14, C. 7.

Landscape architects, T. 43, C. 23.

Administrative Rules and Regulations.

- Organization, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects and Interior Designers, Chapter 50-1.

Fees, architects, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects and Interior Designers, Chapter 50-5.

Law reviews.

- For article discussing site architect or engineer's duty of care to construction workers, see 28 Emory L.J. 291 (1979).

JUDICIAL DECISIONS

Cited in Edenfield v. Hazard, 220 Ga. 373, 138 S.E.2d 884 (1964); Tucker v. Whitehead, 155 Ga. App. 104, 270 S.E.2d 317 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 18 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

Architect's Negligence, 33 POF3d 57.

Architectural Malpractice Litigation, 19 Am. Jur. Trials 231.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058. 16C C.J.S., Constitutional Law, § 890 et seq. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 115 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.

Liability of architect or engineer for improper issuance of certificate, 43 A.L.R.2d 1227.

Right of architect or engineer licensed in one state to recover compensation for services rendered in another state, or in connection with construction in another state, where he was not licensed in the latter state, 32 A.L.R.3d 1151.

Tort liability of project architect for economic damages suffered by contractor, 65 A.L.R.3d 249.

ARTICLE 1 GENERAL PROVISIONS

43-4-1. Definitions.

As used in this chapter, the term:

  1. "Architect" means an individual technically and legally qualified to engage in the practice of architecture.
  2. "Architectural construction contract administration services" shall include at a minimum the following services:
    1. Visiting the construction site on a regular basis to determine that the work is proceeding in accordance with the technical submissions submitted to the building official at the time the building permit was issued; and
    2. Processing shop drawings, samples, and other submissions required of the contractor by the terms of construction contract documents.
  3. "Board" means the Georgia State Board of Architects and Interior Designers.
  4. "Building" means any structure consisting of foundation, floors, walls, columns, girders, beams, and roof or a combination of any of these parts, with or without other parts or appurtenances.
  5. "Building official" means the person appointed by the county, municipality, or other political subdivision of the state having responsibility for the issuance of building permits and the administration and enforcement of the Georgia State Minimum Construction Codes, or a state fire marshal where there is not such local official.
  6. "Building shell" means a building framework, perimeter and exterior walls, the building core and columns, and other structural, mechanical, and load-bearing elements of the building.
  7. "Building shell system" means a mechanical, plumbing, fire protection, electrical, structural, or motorized vertical transportation system designed for or located within a building shell.
  8. "Interior construction document" means detailed drawings and specifications sealed and signed by a registered interior designer certifying compliance with applicable current building codes, ordinances, laws, and regulations that define the work to be constructed in such form as is required for approval of a construction permit by a building official or fire marshal. Such document may be combined with documents prepared under the responsible control, seal, and signature of other registered or licensed professionals.
    1. "Interior design" means the rendering of or the offering to render designs, consultations, studies, planning, drawings, specifications, contract documents, or other technical submissions and the administration of interior construction and contracts relating to nonstructural interior construction of a building by a registered interior designer. Such term includes:
      1. Space planning, finishes, furnishings, and the design for fabrication of nonstructural interior construction within interior spaces of buildings;
      2. Responsibility for life safety design of proposed or modification of existing nonstructural and nonengineered elements of construction such as partitions, doors, stairways, and paths of egress connecting to exits or exit ways; and
      3. Modification of existing building construction so as to alter the number of persons for which the egress systems of the building are designed.
    2. Registered interior designers shall collaborate and coordinate their work with registered architects or engineers for work that is excluded by this definition, including without limitation:
      1. The design of or responsibility for the building shell or any building shell systems; or
      2. Construction which materially affects building life safety systems pertaining to fire safety protection such as fire-rated vertical shafts in multistory structures and fire-rated protection of structural elements with the exception of incidental restoration of fire protection to elements impacted by nonstructural elements of construction, smoke evacuation, emergency sprinkler systems, and emergency alarm systems.
  9. "Nonstructural interior construction" means the construction of elements which do not include a load-bearing wall, a load-bearing column, or other load-bearing elements of a building essential to the structural integrity of the building.
  10. "Practice of architecture" means the rendering of or offer to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding such buildings, which may have human occupancy or habitation: planning; providing preliminary studies, designs, drawings, specifications, and other technical submissions; the architectural administering of construction contracts; and coordinating elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers, registered interior designers, and landscape architects. As part of the practice of architecture, a registered architect may perform such engineering work as is incidental to his or her work. Nothing in this paragraph shall be construed to prohibit a licensed engineer from coordinating technical submittals related to the practice of engineering. Nothing in this paragraph shall be construed to prohibit a registered interior designer from coordinating submittals related to the practice of interior design.
  11. "Registered architect" means a person who is technically and legally qualified and currently registered with the board to practice architecture in the State of Georgia.
  12. "Registered interior designer" means a person who is registered under Article 2 of this chapter as being qualified by education, experience, and examination to use the title "registered interior designer" in the State of Georgia and as further defined in Code Section 43-4-30. Nothing in this paragraph or in this article shall be construed as prohibiting or restricting the practice or activities of an interior decorator or individual offering interior decorating services, including, but not limited to, selection of surface materials, window treatments, wall coverings, paints, floor coverings, and lighting fixtures.
  13. "Registration" means the certificate of registration issued by the board.
  14. "Responsible control" means the amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered or licensed professionals applying the required professional standard of care, as defined by rules and regulations adopted by the respective boards governing such professionals.
  15. "Technical submissions" means designs, drawings, specifications, studies, and other technical reports prepared or reviewed in the course of professional practice.

(Ga. L. 1919, p. 125, § 16; Code 1933, § 84-301; Ga. L. 1952, p. 457, § 1; Ga. L. 1974, p. 162, § 1; Ga. L. 1984, p. 448, § 1; Ga. L. 2000, p. 1527, § 1; Ga. L. 2010, p. 748, § 1/HB 231; Ga. L. 2011, p. 752, § 43/HB 142.)

Law reviews.

- For comment on Rogers v. Medical Ass'n, 244 Ga. 151, 259 S.E.2d 85 (1979), invalidating Georgia statute requiring Governor's appointments to Composite State Board of Medical Examiners be made solely from nominees submitted by state medical society as an unconstitutional delegation of legislative authority to a private organization, see 29 Emory L.J. 1183 (1980).

JUDICIAL DECISIONS

Cost of interior parts and appurtenances.

- Language "with or without other parts or appurtenances" in O.C.G.A. § 43-4-1(2) (now paragraph (4)) was sufficiently clear to notify an unregistered person that, for purposes of O.C.G.A. § 43-4-14, the cost of a building for which the unregistered individual designed only the foundation, floor, exterior walls, and roof would also include the cost of such interior parts and appurtenances as would be reasonably necessary for the building to become functional for the purposes for which the building was designed. Meyer von Bremen v. Georgia State Bd. of Architects, 259 Ga. 842, 389 S.E.2d 213 (1990).

Cities cannot tax certified architects employed by principals responsible for final design decision.

- City cannot tax engineers and architects pursuant to Ga. L. 1953, Jan.-Feb. Sess., p. 207, § 1 (see now O.C.G.A. § 48-13-5) who, although the engineers and architects hold certificates, work as employees in firms in which principals who were responsible for final design decisions hold certificates. City of Atlanta v. Georgia Soc'y of Professional Eng'rs, 220 Ga. 62, 137 S.E.2d 41 (1964).

Cited in Georgia Ass'n of Am. Inst. of Architects v. Gwinnett County, 238 Ga. 277, 233 S.E.2d 142 (1977); Perry v. Dudley, 145 Ga. App. 728, 244 S.E.2d 580 (1978); Georgia State Bd. for Examination, Qualification & Registration of Architects v. Arnold, 249 Ga. 593, 292 S.E.2d 830 (1982).

OPINIONS OF THE ATTORNEY GENERAL

Engineers may not design or supervise construction like architects.

- Extent to which an engineer may practice should not be determined solely by looking to provisions defining practice of engineering; the legislature did not intend that engineers should be permitted to plan, design, or supervise construction of structures and buildings to the same extent that an architect may do so. 1967 Op. Att'y Gen. No. 67-144.

Submission of plans by registered interior designers.

- Registered interior designers are authorized to sign and seal documents related to nonstructural interior construction for their submission to building officials or fire marshals for permitting purposes to the extent that it does not conflict with the provisions of O.C.G.A. § 25-2-14. 2017 Op. Att'y Gen. No. U17-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Architects, § 1 et seq.

C.J.S.

- 6 C.J.S., Architects, § 1 et seq.

ALR.

- Construction of contract for compensation of architect, 20 A.L.R. 1356.

What amounts to architectural or engineering services within license requirements, 82 A.L.R.2d 1013.

What constitutes a "building" within restrictive covenant, 18 A.L.R.3d 850.

Liability to one injured in course of construction, based upon architect's alleged failure to carry out supervisory responsibilities, 59 A.L.R.3d 869.

When statute of limitations begins to run on negligent design claim against architect, 90 A.L.R.3d 507.

43-4-2. Creation of board; composition; qualifications of members; terms of office; vacancies.

There is created the Georgia State Board of Architects and Interior Designers, which shall be composed of nine appointed members. Six of the members shall be registered architects who hold a current license in this state and who shall be residents of this state. Two members shall be registered interior designers who are residents of this state and who have been interior designers for at least ten years immediately preceding the appointment and who shall have passed an examination approved by the board. One member shall be a resident of this state and shall have no connection whatsoever with the practice or profession of architecture or interior design. The members of the predecessor State Board of Architects including the interior designer members who were formerly only full voting members for purposes of Article 2 of this chapter in office on June 30, 2000, shall be members of the Georgia State Board of Architects and Interior Designers and shall serve out the remainder of their respective terms and until their successors are appointed and qualified. The citizen member who is not a practicing architect or interior designer may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of architects or interior designers in this state. The Governor shall appoint successors to the present members of the board, as their respective terms of office expire, for a term of office of five years each. The successor members so appointed shall possess the qualifications specified in this Code section and shall be confirmed by the Senate as provided in Code Section 43-1-16. In case a successor is not appointed at the expiration of the term of any member, such member shall hold office until his or her successor has been duly appointed and qualified. Any vacancy occurring in the membership of the board shall be filled by the Governor for the unexpired term, and such member shall be confirmed by the Senate as provided in Code Section 43-1-16.

(Ga. L. 1919, p. 125, § 1; Code 1933, § 84-304; Ga. L. 1952, p. 457, § 4; Ga. L. 1972, p. 744, § 1; Ga. L. 1979, p. 610, § 1; Ga. L. 1984, p. 448, § 2; Ga. L. 1986, p. 434, § 1; Ga. L. 2000, p. 1527, § 1.)

RESEARCH REFERENCES

ALR.

- Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 A.L.R.2d 1210.

43-4-3. Oath of office.

The members of the board, before entering upon the discharge of their duties, shall subscribe to and file with the Secretary of State the constitutional oath of officers.

(Ga. L. 1919, p. 125, § 2; Code 1933, § 84-305; Ga. L. 2000, p. 1527, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, Oath and Affirmation, §§ 1, 3.

43-4-4. Election of board president and vice president.

The board shall elect from its membership a president and a vice president.

(Ga. L. 1919, p. 125, § 3; Code 1933, § 84-306; Ga. L. 2000, p. 1527, § 1.)

43-4-5. Maintenance of record of board's proceedings by division director.

The division director shall keep a true record of all proceedings of the board.

(Ga. L. 1919, p. 125, § 6; Code 1933, § 84-309; Ga. L. 2000, p. 1527, § 1; Ga. L. 2000, p. 1706, § 19.)

43-4-6. Reimbursement of board members.

Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

(Ga. L. 1919, p. 125, § 12; Ga. L. 1931, p. 7, § 89A; Code 1933, § 84-311; Ga. L. 1979, p. 635, § 1; Ga. L. 2000, p. 1527, § 1.)

43-4-7. Authority to confer with similar boards of other states and to attend meetings and conferences.

The board, or any member designated by the board, may confer with similar boards of other states or attend meetings or conferences for the purpose of obtaining information for the advancement of the profession and standards thereof.

(Ga. L. 1979, p. 635, § 1; Ga. L. 2000, p. 1527, § 1.)

43-4-8. Enforcement of chapter; payment of expenses.

The board shall be charged with the duty of enforcing this chapter and may incur such expenses as shall be necessary, all of which expenses shall be paid as provided in Chapter 1 of this title.

(Ga. L. 1919, p. 125, § 7; Code 1933, § 84-310; Ga. L. 2000, p. 1527, § 1.)

43-4-9. Adoption of rules, regulations, and standards of conduct; utilization of Internet.

  1. The board shall adopt all necessary rules, regulations, and standards of conduct, not inconsistent with this chapter and the Constitution and laws of this state and of the United States, to carry out this chapter and to safeguard life, health, and property.
  2. The board shall post all current laws, rules, regulations, and standards of conduct relating to the practice of architecture in this state on the board's official website. The board shall also provide on the website notification of recent changes in such laws, rules, regulations, or standards and information pertaining to disciplinary actions taken by the board.

(Ga. L. 1919, p. 125, § 4; Code 1933, § 84-307; Ga. L. 1974, p. 162, § 4; Ga. L. 1982, p. 1019, § 2; Ga. L. 2000, p. 1527, § 1; Ga. L. 2007, p. 350, § 1/SB 237; Ga. L. 2010, p. 266, § 12/SB 195.)

Administrative Rules and Regulations.

- Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of State Board of Architects and Interior Designers, Chapter 50-1 et seq.

43-4-10. Compliance with requirements of article; practice of architecture by firms, sole proprietorships, partnerships, and corporations.

  1. Except as otherwise provided in this article, no person shall practice architecture in this state or use the title "architect" or "registered architect" or any word, letter, figure, or any other device indicating or intending to imply that he or she is an architect unless he or she holds a current registration as an architect in this state.
  2. No firm, sole proprietorship, partnership, limited liability company, corporation, or other similar organization shall be registered as architects. Firms, sole proprietorships, partnerships, limited liability companies, and corporations may practice architecture, as defined by this article, and perform the services heretofore enumerated common to the practice of architecture, provided that all such work and services are performed under the responsible control of an architect registered in this state who is a director, in the case of a corporation, or who is a partner, in the case of a partnership, or who is a member, in the case of a limited liability company, or who is an employee with an ownership interest who has been designated in writing as holding a position of authority within the firm which authorizes him or her to direct the architectural services offered by that firm; and provided, further, that the administration of construction contracts shall be under the responsible control of such registered architect and that such plans, drawings, and specifications shall be prepared under the responsible control of such registered architect and bear the architect's individual signature and seal.

(Ga. L. 1919, p. 125, § 21; Code 1933, § 84-302; Ga. L. 1952, p. 457, § 2; Ga. L. 1955, p. 602, § 1; Ga. L. 1974, p. 162, § 2; Ga. L. 1992, p. 3318, § 1; Ga. L. 1993, p. 123, § 17; Ga. L. 2000, p. 1527, § 1.)

Cross references.

- False or fraudulent advertising, § 10-1-420 et seq.

Professional corporations generally, T. 14, C. 7.

Administrative Rules and Regulations.

- Registration to practice under title of architect, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects and Interior Designers, Chapter 50-2.

Firms, partnerships, corporations - proper names - architects, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects and Interior Designers, Chapter 50-3.

JUDICIAL DECISIONS

Restriction applies only to natural persons.

- Word "person" as used in this section was modified by the pronoun "he" which restricts the meaning of the word as used in the law and which compels the construction that the word "person" used in its context means natural persons only. Folsom v. Summer, Locatell & Co., 90 Ga. App. 696, 83 S.E.2d 855 (1954) (see O.C.G.A. § 43-4-10).

There is no prohibition against corporation using title "architects and engineers" in the corporation's contracts. Folsom v. Summer, Locatell & Co., 90 Ga. App. 696, 83 S.E.2d 855 (1954).

Contract for architectural services by nonarchitect void.

- It is forbidden for any individual or any firm no member of which is an architect to enter into a contract for performance of architectural services, and such contracts are void. Boroughs, Dale & Griffin v. St. Elias E. Orthodox Church, 120 Ga. App. 434, 170 S.E.2d 865 (1969).

Joint contract when only one of three is unlicensed not void.

- Contracts to perform architectural services on part of one or more persons none of whom is a licensed architect are void, but fact that one of three people jointly agreeing to perform such services is not licensed, the others being properly registered as architects, will not void contract when no fraud or deception is practiced. Boroughs, Dale & Griffin v. St. Elias E. Orthodox Church, 120 Ga. App. 434, 170 S.E.2d 865 (1969).

Cities cannot tax certified architects employed by principals responsible for final design decisions.

- City cannot tax engineers and architects pursuant to Ga. L. 1953, Jan.-Feb. Sess., p. 207, § 1 (see now O.C.G.A. § 48-13-5) who, although the engineers and architects hold certificates, work as employees in firms in which principals who were responsible for final design decisions hold certificates. City of Atlanta v. Georgia Soc'y of Professional Eng'rs, 220 Ga. 62, 137 S.E.2d 41 (1964).

Liability for malpractice.

- Fact that an architectural firm is not a professional corporation does not mean it is incapable of committing and being liable for professional malpractice by and through its individual agents. Under former O.C.G.A. § 43-4-10(c), a corporation may not be registered to practice architecture but may practice only through registered individuals. Housing Auth. v. Gilpin & Bazemore/Architects & Planners, Inc., 191 Ga. App. 400, 381 S.E.2d 550, appeal dismissed, Housing Auth. v. Greene, 259 Ga. 435, 383 S.E.2d 867 (1989).

OPINIONS OF THE ATTORNEY GENERAL

Local officials may issue building permit without architect's signature on documents.

- Former Code 1933, § 84-9903 (see now O.C.G.A. § 43-4-17) placed no obligation upon county or municipal building officials to accept only those construction documents which are properly signed and sealed by an architect or engineer before issuing a permit. 1977 Op. Att'y Gen. No. 77-31. (But see 1987 Op. Att'y Gen. No. 87-31).

RESEARCH REFERENCES

ALR.

- Responsibility of one acting as architect for defects or insufficiency of work attributable to plans, 25 A.L.R.2d 1085.

Practice of architecture by corporation, 56 A.L.R.2d 726.

43-4-11. Qualifications of applicants for examination or certificate of registration; regulatory authority.

  1. Any person may apply to the board for such examinations as are required for certification under this article if qualified as set forth in subsection (b) of this Code section, or any person who has been registered as an architect by another jurisdiction may apply for a certificate of registration if qualified as set forth in subsection (c) of this Code section. No person shall be eligible for registration as an architect who has been found by the board to have committed any of the acts set forth in this article for which an architect's certificate might be revoked or suspended unless that individual establishes to the satisfaction of the board that he or she has fully reformed.
  2. The examinations shall be the examinations prepared and graded by the National Council of Architectural Registration Boards (NCARB). The candidate for examination shall submit to the board satisfactory evidence of one of the following qualifications:
        1. A professional degree in architecture from a school or college approved by the National Architectural Accrediting Board; or
        2. Active participation in a National Council of Architectural Registration Boards accepted Integrated Path to Architectural Licensure option within a National Architectural Accrediting Board accredited professional degree program in architecture; and
      1. Practical experience as the board, by rules and regulations uniformly applied, shall deem appropriate;
    1. A minimum of ten years' practical experience, including academic training, following completion of high school or the equivalent thereof, as the board, by rules and regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 1985. After July 1, 1985, all candidates for examination shall meet the requirements of paragraph (1) of this subsection; provided, however, that those candidates and only those candidates who have met the requirements of this paragraph shall be admitted as a candidate for examination; or
    2. A bachelor's degree in architectural engineering technology from a school or college in this state approved by the Accrediting Board for Engineering and Technology, or any other bachelor's degree with a substantial concentration in architecture approved by the board from a board approved school or college in this state, and at least six years of practical experience as the board, by regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 2004. After July 1, 2004, all candidates for examination shall meet the requirements of paragraph (1) of this subsection.
  3. The applicant for a certificate of registration who has been registered as an architect by another jurisdiction shall hold a National Council of Architectural Registration Boards certificate and a certificate of registration in such other jurisdiction, both of which shall be current and in good standing in order to meet the requirements of this subsection.
  4. The board may require applicants under subsection (c) of this Code section to provide such other evidence as the board may require to demonstrate knowledge of professional practice.
  5. No certificate of registration shall be issued to an applicant under this article, if he or she was a candidate for examination under the provisions of paragraph (1) of subsection (b) of this Code section, unless and until such applicant for certification shows the board satisfactory evidence of a professional degree in architecture from a school or college approved by the National Architectural Accrediting Board.
  6. The board may promulgate such rules and regulations as may be reasonable and necessary for the administration and enforcement of this Code section.

(Ga. L. 1919, p. 125, § 18; Code 1933, § 84-303; Ga. L. 1952, p. 457, § 3; Ga. L. 1955, p. 602, § 2; Ga. L. 1961, p. 462, §§ 1-3; Ga. L. 1963, p. 383, § 1; Ga. L. 1971, p. 836, § 1; Ga. L. 1972, p. 545, § 1; Ga. L. 1974, p. 162, § 3; Ga. L. 1982, p. 1019, § 3; Ga. L. 1983, p. 734, § 1; Ga. L. 1984, p. 448, § 3; Ga. L. 1984, p. 595, § 1; Ga. L. 1990, p. 560, § 1; Ga. L. 1992, p. 3318, § 1; Ga. L. 2000, p. 1527, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2004, p. 606, § 1; Ga. L. 2007, p. 350, § 2/SB 237; Ga. L. 2017, p. 127, § 1/HB 41.)

The 2017 amendment, effective July 1, 2017, substituted the present provisions of paragraph (b)(1) for the former provisions, which read: "A professional degree in architecture from a school or college approved by the National Architectural Accrediting Board and practical experience as the board, by rules and regulations uniformly applied, shall deem appropriate. The board may adopt as its rules and regulations those guidelines published from time to time by the National Council of Architectural Registration Boards;"; deleted an apostrophe following "Boards" near the middle of subsection (c); and added subsections (e) and (f).

Administrative Rules and Regulations.

- Registration to practice under title of architect, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects and Interior Designers, Chapter 50-2.

Examinations, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects and Interior Designers, Chapter 50-4.

Education and acceptable practical experience - architects, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects and Interior Designers, Chapter 50-7.

Law reviews.

- For article on the effect on receiving government-issued licenses after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).

JUDICIAL DECISIONS

If license law enacted to protect public, all practitioners must be licensed.

- When statute requiring license and registration for those seeking to engage in practice of trade or profession is not enacted to raise revenue, and the statute's primary intent is protection of the public from injury by incompetent, irresponsible, or unfit persons practicing such trade or profession, only those meeting the prerequisites of the statute may engage in such practice. Brown v. Glass, 46 Ga. App. 323, 167 S.E. 722 (1933).

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

Grant or denial of license to practice architecture, 2 A.L.R.4th 1103.

43-4-12. Certificate of registration; registration required; professional development requirements for renewal.

A certificate of registration as a registered architect shall be valid for two years and shall be renewed biennially as provided by rule of the board. It is unlawful to identify oneself as being able to practice architecture in this state without a current and valid registration in this state. An applicant for a renewal of a certificate of registration shall meet such professional development requirements as the board may require by rule or regulation. Such rule or regulation shall describe professional development activities acceptable to the board and the form of documentation of such activities required by the board. The board shall be authorized to waive the professional development requirement in cases of hardship, disability, age, illness, or under such other circumstances as the board deems appropriate. Failure to meet the minimum qualifications for renewal of a license shall be grounds for denial of a renewal application.

(Ga. L. 1919, p. 125, § 21; Code 1933, § 84-314; Ga. L. 1982, p. 1019, § 4; Ga. L. 2000, p. 1527, § 1; Ga. L. 2000, p. 1706, § 19.)

43-4-13. Suspension or revocation of certificate; reprimand; hearing; reinstatement.

  1. In addition to the authority provided in Code Section 43-1-19, the board shall have the power to suspend or revoke the certificate of registration or reprimand any registrant who is found by the board to have:
    1. Committed any fraud, deceit, or misrepresentation in obtaining a certificate of registration;
    2. Committed any gross negligence, incompetence, unprofessional conduct, or recklessness in his or her professional practice;
    3. Permitted the use of his or her seal by any firm, partnership, limited liability company, or corporation without complying with the provisions of Code Section 43-4-10 as to his or her personal direction and supervision of architectural services performed by such firm, sole proprietorship, partnership, limited liability company, or corporation or the provisions of Code Section 43-4-16;
    4. Been convicted by any court of record of the United States of any act which would constitute a felony or a crime involving moral turpitude in this state or a plea of nolo contendere or the affording of first offender treatment to any such charge; or
    5. Violated this article or any rule, regulation, or standard of conduct promulgated by the board pursuant to the powers conferred upon it by this article.
  2. Prior to revoking or suspending a registrant's certificate, the board shall provide for a hearing into the charges against the registrant. The board shall issue a notice of hearing to the registrant in compliance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," at least ten days prior to the hearing. The hearing will be conducted in accordance with the procedures set forth in Chapter 13 of Title 50 and this article.
  3. The board may reinstate a registration to any person whose registration has been revoked who has met the qualifications for reinstatement. Application for the reissuance of said registration shall be made in such a manner as the board may direct and shall be accompanied by a fee established by the board. Neither the denial of a request for reinstatement of a revoked registration nor the refusal to issue a previously denied registration shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(Ga. L. 1919, p. 125, §§ 23, 24; Code 1933, § 84-319; Ga. L. 1955, p. 602, § 4; Ga. L. 1974, p. 162, § 8; Ga. L. 1992, p. 3318, § 1; Ga. L. 1993, p. 123, § 18; Ga. L. 2000, p. 1527, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "Chapter 13" was substituted for "Article 13" in two places in subsection (b).

Administrative Rules and Regulations.

- Standards of conduct - architects, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects, Chapter 50-8.

Law reviews.

- For article on the effect on receiving government-issued licenses after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).

JUDICIAL DECISIONS

Misrepresentation not regarded by board in issuing certificate cannot be basis for revoking certificate; the misrepresentation must be material to issuing the certificate. Doughtery County Council of Architects v. Beckanstin, 100 Ga. App. 790, 112 S.E.2d 423 (1959).

RESEARCH REFERENCES

ALR.

- Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.

Revocation or suspension of license to practice architecture, 58 A.L.R.3d 543.

43-4-14. Practice of architecture; qualifications and registration; exempt structures and persons; design-build contracts; predesign services; construction contract administration services.

  1. In order to safeguard health, safety, and welfare, no person shall be allowed to practice architecture unless he or she has the qualifications and competency required by this article. Any person who is practicing architecture as defined in paragraph (11) of Code Section 43-4-1 shall be required to register under this article and to secure all renewals of such registration before beginning or continuing to practice architecture.
  2. Construction documents for the following structures do not require the seal of a registered architect:
    1. One and two-family residences and domestic outbuildings regardless of cost;
    2. Any building classified as an agricultural occupancy upon any farm for the use of any farmer; any state owned farmer's market;
    3. Any building which is a single story building, not exceeding more than 5,000 square feet in area, except new or existing assembly occupancies, educational occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, and care facilities;
    4. Preengineered buildings that are one story in height, except new or existing assembly occupancies, educational occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, care facilities, and facilities classified as high hazard; provided, however, that the services of a duly registered architect shall be required for the design of any business or mercantile occupancies that exceed 5,000 square feet in area that are incidental to the operation in such building; and
    5. Nonstructural interior construction within existing or planned structures which were designed by a registered architect, where drawings and specifications are prepared by a registered interior designer who by sealing and signing such interior construction documents submits to the responsible building official certification that the plans and specifications as submitted are in compliance with the applicable current building codes and regulations in effect.
  3. The following persons are exempt from registration as an architect in this state:
    1. A nonresident who holds a license to practice architecture in the state or country in which he or she resides and holds an NCARB certificate, but who is not registered in this state, may offer architectural services in a response to a request for qualifications, an interview, or a design competition only. Any offering or practice beyond this exception shall require registration as an architect in Georgia;
    2. An employee of a registered architect or firm under subsection (b) of Code Section 43-4-10 who is not in charge of design or supervision and who works under the supervision of a registered architect;
    3. An employee of the United States government while working in the scope of his or her employment for the United States government; and
    4. A registered professional engineer or his or her employee or subordinate under his or her responsible supervising control may perform architectural services which are incidental to such engineering practice; provided, however, that no professional engineer shall practice architecture or use the designation "architect" or any term derived therefrom unless registered under this article.
  4. Nothing in this article shall be construed to prohibit interior designers from performing services authorized by Article 2 of this chapter.
  5. Nothing in this article shall be construed to prohibit a general contractor for construction from offering to perform a design-build contract; provided, however, that such offer shall clearly indicate at the time of such offer that all design services shall be performed by a duly licensed and registered architect or engineer in compliance with all other provisions of this chapter.
  6. Nothing in this article shall be construed to mean that predesign services, as defined in Code Section 50-22-7, are required to be performed exclusively by architects.
  7. Nothing in this article shall be construed to mean that construction contract administration services are required to be performed exclusively by architects.

(Ga. L. 1919, p. 125, § 15; Code 1933, § 84-321; Ga. L. 1952, p. 457, § 8; Ga. L. 1974, p. 162, § 10; Ga. L. 1982, p. 903, §§ 1, 2; Ga. L. 1992, p. 6, § 43; Ga. L. 1992, p. 3318, § 1; Ga. L. 2000, p. 1527, § 1; Ga. L. 2001, p. 741, § 1; Ga. L. 2010, p. 748, § 2/HB 231.)

JUDICIAL DECISIONS

Constitutionality.

- Exception for buildings costing less than $100,000 is not unconstitutionally vague. Meyer von Bremen v. Georgia State Bd. of Architects, 259 Ga. 842, 389 S.E.2d 213 (1990).

Cost of building.

- There is a rational relationship between the cost of a building and the stated purpose of O.C.G.A. § 43-4-14 "to safeguard life and property." Meyer von Bremen v. Georgia State Bd. of Architects, 259 Ga. 842, 389 S.E.2d 213 (1990).

Language "with or without other parts or appurtenances" in O.C.G.A. § 43-4-1(2) (now paragraph (4)) was sufficiently clear to notify an unregistered person that, for purposes of O.C.G.A. § 43-4-14, the cost of a building for which the unregistered person designed only the foundation, floor, exterior walls, and roof would also include the cost of such interior parts and appurtenances as would be reasonably necessary for the building to become functional for the purposes for which the building was designed. Meyer von Bremen v. Georgia State Bd. of Architects, 259 Ga. 842, 389 S.E.2d 213 (1990).

County engineer may design fire station.

- Design and supervision of building of fire station by professional engineer employee of county does not constitute unlawful practice of architecture since building fire station falls within legislative definitions of both professions and because this title explicitly recognizes some overlap between the professions. Georgia Ass'n of Am. Inst. of Architects v. Gwinnett County, 238 Ga. 277, 233 S.E.2d 142 (1977).

Structure designed to serve as commercial office and residence not within residence exemption of this section. Dudley v. Monsour, 155 Ga. App. 269, 270 S.E.2d 686 (1980) (see now O.C.G.A. § 43-4-14).

Plaintiff has burden of proving entitlement to an exemption under provision that no person shall be required to register as an architect in order to make plans and specifications for or supervise erection, enlargement, or alteration of any one- or two-family residence buildings, regardless of cost. To rule otherwise would be to require that any defendant in suit to collect for professional services must negate every possible exception to applicable licensing statute in order to raise statute as a defense. Dudley v. Monsour, 155 Ga. App. 269, 270 S.E.2d 686 (1980).

Cited in Georgia State Bd. for Examination, Qualification & Registration of Architects v. Arnold, 249 Ga. 593, 292 S.E.2d 830 (1982).

OPINIONS OF THE ATTORNEY GENERAL

Authority to draft engineering plans containing incidental architectural work.

- Exemption in O.C.G.A. § 43-4-14 clearly authorizes a registered professional engineer to draft and file engineering plans, drawings, and specifications that contain incidental architectural work. 1982 Op. Att'y Gen. No. 82-26.

RESEARCH REFERENCES

ALR.

- Responsibility of one acting as architect for defects or insufficiency of work attributable to plans, 25 A.L.R.2d 1085.

Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

Liability to one injured in course of construction, based upon architect's alleged failure to carry out supervisory responsibilities, 59 A.L.R.3d 869.

43-4-15. Enforcement of chapter by officials responsible for enforcing building construction codes.

Except as provided in Code Section 25-2-14, it shall be the duty of all public officials charged with the responsibility of enforcing codes related to the construction of buildings to require compliance with Code Section 43-4-14 before architectural plans, drawings, and specifications are approved for construction. Except as provided in Code Section 25-2-14, no building subject to Code Section 43-4-14 and requiring the services of an architect shall be built without such approval prior to construction.

(Code 1933, § 84-321.1, enacted by Ga. L. 1981, p. 822, § 1; Ga. L. 1982, p. 1019, §§ 1A, 4A; Ga. L. 2000, p. 1527, § 1.)

Cross references.

- Enforcement of building codes generally, § 8-2-26.

Regulation of fire and other hazards to persons and property, T. 25, C. 2.

Prohibition against use of construction plans and specifications not prepared by or under supervision of registered professional engineer or architect, § 43-15-24.

OPINIONS OF THE ATTORNEY GENERAL

Approval of plans submitted under Fire Safety Code.

- Approval of proposed building plans submitted pursuant to the Fire Safety Code is governed by O.C.G.A. § 25-2-14. 1987 Op. Att'y Gen. No. 87-8.

State Fire Marshal can approve any set of plans which come under jurisdiction and which are under the classifications enumerated in O.C.G.A. § 25-2-14, regardless of what features the plans contain, if the plans have the seal of either an architect or an engineer or otherwise have the approval of the commissioner and are in compliance with other applicable codes. 1987 Op. Att'y Gen. No. 87-8.

Approval of engineer's plan with incidental architectural work.

- O.C.G.A. § 43-4-15 does not prohibit a public official from approving a registered professional engineer's plan, drawing, or specification that lacks a registered architect's seal or signature but contains incidental architectural work. 1982 Op. Att'y Gen. No. 82-26.

Exemption in O.C.G.A. § 43-4-14 clearly authorizes a registered professional engineer to draft and file engineering plans, drawings, and specifications that contain incidental architectural work. 1982 Op. Att'y Gen. No. 82-26.

Approval of architect's plan with incidental engineering work.

- O.C.G.A. § 43-4-15 does not bar a public official from approving a registered architect's plan, drawing, or specification that does not have a registered professional engineer's seal but contains incidental engineering work. 1982 Op. Att'y Gen. No. 82-26.

43-4-16. Architect seal; documents required to be sealed; requirements to be met before being sealed; assumption of responsibility; notation if not furnishing construction administration; violation and penalties; documents prepared by registered interior designer.

  1. Every architect registered under this chapter shall have a seal in the design authorized by the board, bearing the registrant's name, certificate number, and the legends "Registered Architect" and "State of Georgia."
  2. Plans, specifications, drawings, reports, or other architectural documents issued for the purpose of obtaining a building permit or for other requirements set forth by law shall be sealed by the architect and across the face of the seal shall be affixed the signature of the owner of the seal. The location of the seal on such documents, the identification of the pages which must be sealed, and the form of any title blocks may be established by the board in its rules and regulations.
  3. No plans, specifications, drawings, reports, or other documents shall be sealed and signed by an architect unless:
    1. The architect has a current registration to practice in this state and is competent in the subject matter of the documents by virtue of education or experience or both;
    2. The architect personally prepared the plans, specifications, drawings, reports, or other documents, or the plans, specifications, drawings, reports, or other documents were prepared under the architect's responsible control as provided in subsection (b) of Code Section 43-4-10; and
    3. The architect has been given full authority in writing by the original architect to make document revisions and has made a substantive review and inspection of the documents with regard to the laws and regulations of this state, and the documents are prototypical drawings. For purposes of this paragraph, prototypical drawings are drawings that may be prepared by an architect licensed in any country or United States jurisdiction, that have been prepared in connection with the design of a commercial chain establishment, and that have been successfully constructed in other states or countries.
  4. The registered architect who signs and seals the plans, specifications, drawings, reports, or other documents shall be considered the architect of record.
  5. No registered architect shall affix his or her seal to any plan, specification, drawing, report, or other document unless he or she has assumed the responsibility for the accuracy and adequacy of the work involved.
  6. If the registered architect who sealed the technical submissions submitted to the building official at the time the building permit is issued has not been employed to furnish construction administration services, he or she shall so note on such technical submissions in such manner as defined by board rules. If the architect's responsibility for construction contract administration is terminated following the issuance of a building permit, the building official shall be notified by the architect in writing accordingly.
  7. Any violation of this Code section shall be grounds for the suspension or revocation of the registration of the architect.
  8. Nothing in this Code section shall be construed to prohibit a registered architect from sealing drawings or documents prepared by a registered interior designer when such registered architect has reviewed or supervised the preparation of the drawings or documents as provided in Code Section 43-4-33.
  9. Nothing in this Code section shall be construed to prohibit a licensed engineer from sealing engineering drawings and documents as provided in Code Section 43-4-14.

(Ga. L. 1955, p. 602, § 5; Ga. L. 1974, p. 162, § 11; Ga. L. 1992, p. 3318, § 1; Ga. L. 1993, p. 123, § 19; Ga. L. 2000, p. 1527, § 1; Ga. L. 2001, p. 741, § 2.)

JUDICIAL DECISIONS

Only members, not board itself, may petition.

- While it is true that the Act creating the Georgia State Board of Examination, Qualification and Registration of Architects authorizes the Board to file equitable petition in the Board's own name, there is no way the Board can bring the petition as provided by this section except through the Board's members acting in the member's official capacities. Harvey v. Flatman, 217 Ga. 764, 125 S.E.2d 55 (1962).

Injunction provisions inapplicable to city building inspectors.

- Provisions of former Code 1933, § 84-9903 (see now O.C.G.A. § 43-4-17) that officer or citizen may apply for injunction against any person violating provisions of former Code 1933, § 84-301 et seq. (see now O.C.G.A. Art. 1, Ch. 4, T. 43 ) applied only to the enumerated class of persons coming within article provisions; there is nothing in the article that pertains to duties or conduct of municipal building inspectors. Edenfield v. Hazard, 220 Ga. 373, 138 S.E.2d 884 (1964).

43-4-17. Unlawful practice of architecture; enforcement; injunctions.

  1. Any person who uses the title "architect" or "registered architect" or uses any word, letters, or figures indicating or intending to imply that the person using the same is an architect or registered architect without compliance with this article, or who makes any willfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by this article, or who practices architecture without compliance with this article shall be guilty of a misdemeanor.
  2. It shall be the duty of all duly constituted officers of the law of this state, or any political subdivision thereof, to enforce this article and to prosecute any persons violating this article. Upon application of any officer or citizen of this state complaining that this article has been violated by any person and upon proof of such violation, the superior courts of this state are authorized to and shall enjoin further violations of this article.

(Ga. L. 1919, p. 125, § 26; Code 1933, § 84-9903; Ga. L. 1953, Jan.-Feb. Sess., p. 387, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 1992, p. 3318, § 1; Ga. L. 2000, p. 1527, § 1.)

JUDICIAL DECISIONS

County engineer designing fire station not unlawful practice of architecture.

- Design and supervision of building of fire station by professional engineer employee of county does not constitute unlawful practice of architecture since the building of a fire station falls within the legislative definitions of both professions and because the Code explicitly recognizes some overlap between the professions. Georgia Ass'n of Am. Inst. of Architects v. Gwinnett County, 238 Ga. 277, 233 S.E.2d 142 (1977).

Provisions inapplicable to duties or conduct of municipal building inspectors.

- Provisions of former Code 1933, § 84-9903 (see now O.C.G.A. § 43-4-17) that an officer or citizen may apply for injunction against any person violating provisions of former Code 1933, § 84-301 et seq. (see now O.C.G.A. Ch. 4, T. 43) applied only to the class of persons enumerated in that chapter; nothing in that chapter pertains to duties or conduct of municipal building inspectors. Edenfield v. Hazard, 220 Ga. 373, 138 S.E.2d 884 (1964).

OPINIONS OF THE ATTORNEY GENERAL

Only officers of the law are authorized to enforce provisions of former Code 1933, Ch. 84-3 (see O.C.G.A. Ch. 4, T. 43). 1977 Op. Att'y Gen. No. 77-31. (But see 1987 Op. Att'y Gen. No. 87-31).

Building officials may accept construction documents not signed by architect.

- Statute placed no obligation upon county or municipal building officials to accept only those construction documents which are properly signed and sealed by an architect or engineer before issuing a permit. 1977 Op. Att'y Gen. No. 77-31. (But see 1987 Op. Att'y Gen. No. 87-31).

Opinion of the Attorney General No. 77-31 is still a correct interpretation of O.C.G.A. § 43-4-17; however, in certain circumstances other statutes do place a duty on local building officials to accept only construction documents having the seal and signature of an architect. 1984 Op. Att'y Gen. No. 84-30.

43-4-17.1. Redesignated.

Editor's notes.

- Ga. L. 2000, p. 1527, § 1, redesignated this Code section as Code Section 43-4-18.

43-4-18. Cease and desist orders; violations; notice and hearing; judicial review.

  1. Notwithstanding any other provisions of the law to the contrary, upon the board determining that a person is violating the provisions of Code Section 43-4-14, 43-4-16, or 43-4-17, the board may issue a cease and desist order prohibiting the person from committing further violations and may impose a fine not to exceed $10,000.00 for each violation. In determining the fine amount to be imposed, the board shall consider the severity of the violation.
  2. For purposes of this Code section, each day a person is in violation of the provisions of Code Section 43-4-14, 43-4-16, or 43-4-17 shall constitute a separate violation.
  3. A determination by the board pursuant to subsection (a) of this Code section shall be made only after notice to such person is given and a hearing is held.
  4. Initial judicial review of any decision of the board made pursuant to this Code section or any action for enforcement thereof shall be available solely in the superior court of the county of domicile of the board.
  5. Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

(Code 1981, §43-4-17.1, enacted by Ga. L. 1986, p. 434, § 2; Code 1981, §43-4-18, as redesignated by Ga. L. 2000, p. 1527, § 1; Ga. L. 2007, p. 350, § 3/SB 237.)

Editor's notes.

- Former Code Section 43-4-18, relating to termination of the State Board of Architects and based on Ga. L. 1982, p. 1019, §§ 1, 5; Ga. L. 1984, p. 448, § 4; and Ga. L. 1988, p. 313, § 1, was repealed by Ga. L. 1992, p. 3137, § 3, effective July 1, 1992.

Ga. L. 2007, p. 350, § 4, not codified by the General Assembly, provides that the amendment to this Code section shall apply to violations committed on or after May 24, 2007.

JUDICIAL DECISIONS

Cited in Meyer von Bremen v. Georgia State Bd. of Architects, 259 Ga. 842, 389 S.E.2d 213 (1990).

43-4-19. Issuance of restraining order or injunction.

As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any person, firm, sole proprietorship, partnership, limited liability company, or corporation is or has been violating any of the provisions of this article, or the lawful rules, regulations, or orders of the board, or any of the laws of this state relating to the practice of architecture, the board, on its own motion, may bring an action in its own name in the superior courts of this state alleging the facts and praying for a temporary restraining order and an injunction against such person, firm, sole proprietorship, partnership, limited liability company, or corporation, restraining him, her, or it from violating such law, order, rule, or regulation. Upon proof of such facts, the court shall issue a restraining order or injunction, or both, without requiring allegation or proof that the petitioner therefor has no adequate remedy at law.

(Code 1981, §43-4-19, enacted by Ga. L. 2000, p. 1527, § 1.)

ARTICLE 2 REGISTERED INTERIOR DESIGNERS

43-4-30. "Registered interior designer" defined.

As used in this article, the term "registered interior designer" means a person registered under this article as being qualified by education, experience, and examination to use the title "registered interior designer." In general, an interior designer performs services including preparation of documents relative to nonstructural interior construction, furnishings, finishes, fixtures, and equipment.

(Code 1981, §43-4-30, enacted by Ga. L. 1992, p. 3318, § 2; Ga. L. 2010, p. 748, § 3/HB 231.)

43-4-31. Duty of State Board of Architects and Interior Designers to grant certificates and administer provisions of article; registry.

The Georgia State Board of Architects and Interior Designers shall grant certificates and administer the provisions of this article, and the board shall keep a registry of registered interior designers.

(Code 1981, §43-4-31, enacted by Ga. L. 1992, p. 3318, § 2; Ga. L. 2000, p. 1527, § 2.)

43-4-32. Application for certificate of registration; requirements; term of certificate; renewal.

  1. Any person wishing to use the title "registered interior designer" shall apply to the board for a certificate of registration as a registered interior designer.
  2. Each applicant for certification as a registered interior designer shall meet the following requirements:
    1. Is at least 21 years of age;
    2. Has submitted a completed application as required by the board;
    3. Has submitted the fees required by the board;
    4. Provides proof of having passed the examination promulgated by the National Council for Interior Design Qualification or an examination approved by the board; and
    5. Except as otherwise provided in subsection (c) of this Code section, provides proof that the applicant has acquired a minimum four-year degree or first professional degree conferred by a college or university whose program is accredited by the National Architectural Accrediting Board or by another national or regional accrediting organization recognized by the board in a program of study in architecture or in a program of study in interior design approved by the Council for Interior Design Accreditation or in a substantially equivalent program of study approved by the board.
  3. The examination requirement and education requirement specified in paragraph (4) of subsection (b) of this Code section shall be waived by the board until June 30, 1996, for any applicant who provides proof satisfactory to the board that the applicant has been an interior designer for at least ten years immediately prior to the date of the application and who:
    1. Provides proof of having passed the entire examination promulgated by the National Council for Interior Design Qualification or an examination approved by the board; or
    2. Has a four-year degree conferred by a college or university and who passes an examination approved by the board on life safety and accessibility codes, which examination is passed after January 1, 1990, and prior to the application for a certificate of registration.
  4. A certificate of registration as a registered interior designer shall be valid for two years and shall be renewed biennially.An applicant for renewal of a certificate of registration shall pay a renewal fee and shall meet such continuing education requirements as the board may require by rule or regulation.The continuing education requirements shall not exceed 40 hours biennially.

(Code 1981, §43-4-32, enacted by Ga. L. 1992, p. 3318, § 2; Ga. L. 1994, p. 1759, § 1; Ga. L. 2008, p. 1112, § 11/HB 1055.)

Administrative Rules and Regulations.

- Registered interior designer registration, renewal, and reinstatement, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects, Chapter 50-9.

Registered interior designer registration requirements, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects, Chapter 50-10.

43-4-33. Form of certificate of registration; seal.

  1. The board shall prescribe the form of a certificate of registration as a registered interior designer issued pursuant to the provisions of this article.
  2. A registered interior designer shall be authorized to have a seal separate from the seal of registered architects. The seal of a registered interior designer shall be applied to drawings or other documents prepared by or under the responsible control of the registered interior designer, provided that the foregoing shall not prohibit any registered architect who has reviewed or supervised the preparation of drawings or other documents prepared by a registered interior designer from applying his or her seal to such drawings or other documents.

(Code 1981, §43-4-33, enacted by Ga. L. 1992, p. 3318, § 2; Ga. L. 2010, p. 748, § 4/HB 231.)

43-4-34. Scope of practice; effect on practice of architecture and interior decoration.

  1. Nothing in this article shall be construed as amending or in any manner affecting the definition of or practice of architecture as provided in Code Sections 43-4-1 and 43-4-14.
  2. Nothing in this article shall be construed as prohibiting an architect from practicing interior design, provided that an architect shall not use the title "registered interior designer" unless the architect has been granted a certificate of registration under this article.
  3. Nothing in this article shall be construed as prohibiting or restricting the practice or activities of an interior decorator or individual offering interior decorating services, including, but not limited to, selection of surface materials, window treatments, wall coverings, paint, floor coverings, and lighting fixtures.

(Code 1981, §43-4-34, enacted by Ga. L. 1992, p. 3318, § 2.)

43-4-35. Applicability of provisions of Chapter 1 of this title.

For the purposes of this article, all the powers and duties provided in Chapter 1 of this title apply, including but not limited to the authority to sanction or deny registration as provided for applicants and licensees in Code Section 43-1-19.

(Code 1981, §43-4-35, enacted by Ga. L. 1992, p. 3318, § 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "this title" was substituted for "Title 43".

43-4-36. Registration of persons certified or registered in other states or foreign countries.

Any person who has been certified or registered as an interior designer in another state or foreign country may be issued a certificate of registration by the board to use the title "registered interior designer," provided that such person demonstrates to the satisfaction of the board that he meets the requirements for registration in this state.

(Code 1981, §43-4-36, enacted by Ga. L. 1992, p. 3318, § 2.)

43-4-37. Unlawful use of title "registered interior designer."

  1. It shall be unlawful for any person to use the title "registered interior designer" unless that person has been issued a certificate of registration as a registered interior designer as provided in this article.
  2. Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.

(Code 1981, §43-4-37, enacted by Ga. L. 1992, p. 3318, § 2.)

CHAPTER 4A ATHLETE AGENTS

Editor's notes.

- Ga. L. 1990, p. 8, § 55, repealed Ga. L. 1988, p. 651, § 2, relating to the applicability of the Act to certain athletes.

Ga. L. 1990, p. 8, § 55, repealed Ga. L. 1989, p. 370, § 10A, which provided that this chapter should not apply to a person or agreement involving an athlete and an amateur athletic team.

Law reviews.

- For survey article discussing developments in law of business associations for the period from June 1, 1999, through May 31, 2000, see 52 Mercer L. Rev. 95 (2000). For note on 2000 amendments of O.C.G.A. §§ 43-4A-7,43-4A-11,43-4A-16 and 2000 enactment of §§ 43-4A-16.1,43-4A-20, see 17 Ga. St. U.L. Rev. 265 (2000).

OPINIONS OF THE ATTORNEY GENERAL

Limited applicability of provisions of chapter.

- Legal entities and individuals who seek to obtain collegiate athletic scholarships for high school athletes do not fall under the provisions of O.C.G.A. §§ 20-2-317 and20-2-318, or the 2003 amendments to O.C.G.A. Ch. 4, T. 43. 2004 Op. Att'y Gen. No. U2004-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Entertainment and Sports Law, § 4 et seq.

43-4A-1. Short title.

This chapter shall be known and may be cited as the "Uniform Athlete Agents Act."

(Code 1981, §43-4A-1, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 2003, p. 774, § 1; Ga. L. 2010, p. 376, § 2/SB 149.)

43-4A-2. Definitions.

As used in this chapter, the term:

  1. "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement contract.
  2. "Athlete agent" means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. This term includes an individual who represents to the public that the individual is an athlete agent. This term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.
  3. "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
  4. "Contact" means a communication, direct or indirect, between an athlete agent and a student athlete to recruit or solicit the student athlete to enter into an agency contract.
  5. "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.
  6. "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics.
  7. "Person" means any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
  8. "Professional sports services contract" means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.
  9. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
  10. "Registration" means registration as an athlete agent pursuant to this chapter.
  11. "Secretary of State" means the Secretary of State of the State of Georgia and his or her designee.
  12. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
  13. "Student athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport.

(Code 1981, §43-4A-2, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 1989, p. 370, § 1; Ga. L. 1993, p. 776, § 1; Ga. L. 2003, p. 774, § 2; Ga. L. 2010, p. 376, § 2/SB 149.)

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 298 (1989). For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 189 (1993).

43-4A-3. Service of process agent for nonresident athlete agents.

By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.

(Code 1981, §43-4A-4, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 1989, p. 370, § 2; Ga. L. 1993, p. 776, § 2; Ga. L. 2003, p. 774, § 4; Code 1981, §43-4A-3, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- This Code section formerly pertained to creation of the Georgia Athlete Agent Regulatory Commission, members, terms, removal, election of chairperson and vice chairperson, quorum, rules and standards of conduct, reimbursement of members, and the role of the secretary. The former Code section was based on Code 1981, § 43-4A-3, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2003, p. 774, § 3, and was repealed by Ga. L. 2010, p. 376, § 2, effective July 1, 2010.

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 298 (1989).

43-4A-4. Certification of registration required; exception; agency contract void for noncompliance.

  1. Except as otherwise provided in subsection (b) of this Code section, an individual shall not act as an athlete agent in this state without holding a certificate of registration under this chapter.
  2. Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes, except signing an agency contract, if:
    1. A student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and
    2. Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
  3. An agency contract resulting from conduct in violation of this Code section shall be void, and the athlete agent shall return any consideration received under the contract.

(Code 1981, §43-4A-4.1, enacted by Ga. L. 2003, p. 774, § 5; Code 1981, §43-4A-4, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-4 as present Code Section 43-4A-3.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting not required.

- Offense arising from a violation of O.C.G.A. § 43-4A-4 does not appear to be an offense for which fingerprinting is required. 2010 Op. Att'y Gen. No. 10-6.

43-4A-4.1. Redesignated.

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-4.1 as present Code Section 43-4A-4.

43-4A-5. Application for registration.

An applicant for registration shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this Code section is a public record. The application shall be in the name of an individual and state or contain the following and any other information required by the Secretary of State:

  1. The name of the applicant and the address of the applicant's residence and principal place of business;
  2. The name of the applicant's business or employer, if applicable;
  3. Any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application;
  4. A description of the applicant's:
    1. Formal training as an athlete agent;
    2. Practical experience as an athlete agent; and
    3. Educational background relating to the applicant's activities as an athlete agent;
  5. The names and addresses of three individuals not related to the applicant who are willing to serve as references;
  6. The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application;
  7. The names and addresses of all persons who are:
    1. With respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit sharers of the business; and
    2. With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of 5 percent or greater;
  8. Whether the applicant or any person named pursuant to paragraph (7) of this Code section has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime;
  9. Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) of this Code section has made a false, misleading, deceptive, or fraudulent representation;
  10. Any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) of this Code section resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution;
  11. Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) of this Code section arising out of occupational or professional conduct; and
  12. Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to paragraph (7) of this Code section as an athlete agent in any state.

(Code 1981, §43-4A-5, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 1989, p. 370, § 3; Ga. L. 1993, p. 123, § 20; Ga. L. 2003, p. 774, § 6; Ga. L. 2010, p. 376, § 2/SB 149.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2003, "Code section" was substituted for "subsection" in paragraph (8).

Law reviews.

- For note on 1989 amendment to O.C.G.A. § 43-4A-5, see 6 Ga. St. U.L. Rev. 298 (1989).

43-4A-6. Issuance of certificate of registration; grounds for refusal to issue registration; application for renewal; two-year validity period for certificate.

  1. Except as otherwise provided in subsection (b) of this Code section, the Secretary of State shall issue a certificate of registration to an individual who complies with Code Section 43-4A-5.
  2. The Secretary of State may refuse to issue a certificate of registration if it is determined that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:
    1. Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony;
    2. Made a material false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
    3. Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
    4. Engaged in conduct prohibited by this chapter;
    5. Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state;
    6. Engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution; or
    7. Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.
  3. In making a determination under subsection (b) of this Code section, the Secretary of State shall consider:
    1. How recently the conduct occurred;
    2. The nature of the conduct and the context in which it occurred; and
    3. Any other relevant conduct of the applicant.
  4. The refusal to grant a registration shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Notice and hearing within the meaning of such chapter shall not be required. Notice of refusal to grant a registration shall be sent by registered mail or statutory overnight delivery or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the Secretary of State, and the applicant shall be allowed to appear before the Secretary of State if the applicant requests to do so in writing.
  5. An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Secretary of State. An application filed under this subsection is a public record.
  6. A certificate of registration or a renewal of a registration shall be valid for a period of up to two years.

(Code 1981, §43-4A-7, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 1989, p. 370, § 4; Ga. L. 2000, p. 1396, § 1; Ga. L. 2000, p. 1589, § 4; Ga. L. 2003, p. 774, § 8; Code 1981, §43-4A-6, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2000, p. 1396, § 6, not codified by the General Assembly, provides that the amendment to this Code section is applicable to acts occurring on or after July 1, 2000.

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (d) is applicable with respect to notices delivered on or after July 1, 2000.

This Code section formerly pertained to evaluation and investigation of applicant. The former Code section was based on Code 1981, § 43-4A-6, enacted by Ga. L. 1988, p. 651, § 1, and was repealed and reserved by Ga. L. 2003, p. 774, § 7, effective June 4, 2003.

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 298 (1989).

43-4A-7. Discipline of registered agents; notice and hearing required.

  1. The Secretary of State may suspend, revoke, or refuse to renew a registration or may discipline a person registered by the Secretary of State for conduct that would have justified denial of registration under Code Section 43-4A-6.
  2. The Secretary of State may discipline, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing.
  3. The provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall be applicable to the Secretary of State and the provisions of this chapter.

(Code 1981, §43-4A-8, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 1989, p. 370, § 5; Ga. L. 2003, p. 774, § 9; Ga. L. 2005, p. 60, § 43/HB 95; Code 1981, §43-4A-7, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-7 as present Code Section 43-4A-6.

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 298 (1989).

43-4A-8. Fee for registration or renewal.

An application for registration or renewal of registration shall be accompanied by such fee as shall be prescribed by the Secretary of State and a renewal bond, if applicable. The fee shall be the same for all applicants regardless of previous or current registrations or licenses in other states or jurisdictions as an athlete agent.

(Code 1981, §43-4A-9, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 2003, p. 774, § 10; Code 1981, §43-4A-8, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-8 as present Code Section 43-4A-7.

43-4A-9. Temporary registration.

The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending, upon receipt by the Secretary of State of a completed application for registration, surety bond, and fee and after approval by the Secretary of State. The Secretary of State may in his or her discretion issue a temporary registration to the applicant, which registration shall have the same force and effect as a permanent registration for such period of time prescribed by the Secretary of State, after which the temporary registration shall become void. A temporary registration may be voided by the Secretary of State at any time.

(Code 1981, §43-4A-10, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 1989, p. 370, § 6; Ga. L. 1993, p. 776, § 3; Ga. L. 2000, p. 1706, § 19; Ga. L. 2003, p. 774, § 11; Code 1981, §43-4A-9, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-9 as present Code Section 43-4A-8.

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 298 (1989).

43-4A-10. Required records; inspection by Secretary of State.

  1. An athlete agent shall retain the following records for a period of five years:
    1. The name and address of each individual represented by the athlete agent;
    2. Any agency contract entered into by the athlete agent; and
    3. Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.
  2. Records required by subsection (a) of this Code section to be retained shall be open to inspection by the Secretary of State during normal business hours.

(Code 1981, §43-4A-11, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 1989, p. 370, § 7; Ga. L. 2000, p. 1396, § 2; Ga. L. 2003, p. 774, § 12; Code 1981, §43-4A-10, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (a) is applicable with respect to notices delivered on or after July 1, 2000.

Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-10 as present Code Section 43-4A-9.

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 298 (1989).

43-4A-11. Penalty for violation.

An athlete agent who violates Code Section 43-4A-14 shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00, by imprisonment of one to five years, or both such fine and imprisonment.

(Code 1981, §43-4A-12, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 1989, p. 370, § 8; Ga. L. 2003, p. 774, § 13; Code 1981, §43-4A-11, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-11 as present Code Section 43-4A-10.

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 298 (1989).

43-4A-12. Surety bond requirement; suspension for failure to maintain.

  1. An athlete agent shall deposit or have deposited with the Secretary of State, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of not less than $10,000.00, as established by the Secretary of State. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic department aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-13 or would be grounds for revocation of a license under this chapter. If more than one athletic department suffers damages by the actions of an athlete agent, each athletic department shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each student athlete who loses his or her eligibility to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education as a result of actions of the athlete agent.
  2. If any registrant fails to maintain such bond so as to comply with the provisions of this Code section, the registration issued to the athlete agent shall be suspended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on any business as an athlete agent during the period of suspension.

(Code 1981, §43-4A-13, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 1989, p. 370, § 9; Ga. L. 2003, p. 774, § 14; Code 1981, §43-4A-12, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-12 as present Code Section 43-4A-11.

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 298 (1989).

43-4A-13. Prohibited activities of athlete agent.

  1. An athlete agent shall not, with the intent to induce a student athlete to enter into an agency contract:
    1. Give any materially false or misleading information or make a materially false promise or representation;
    2. Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or
    3. Furnish anything of value to an individual other than the student athlete or another registered athlete agent.
  2. An athlete agent shall not intentionally:
    1. Initiate contact with a student athlete unless registered under this chapter;
    2. Refuse or fail to retain or permit inspection of the records required to be retained by this chapter;
    3. Fail to register when required by this chapter;
    4. Provide materially false or misleading information in an application for registration or renewal of registration;
    5. Predate or postdate an agency contract; or
    6. Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that such signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.

(Code 1981, §43-4A-14, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 2003, p. 774, § 15; Code 1981, §43-4A-13, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-13 as present Code Section 43-4A-12.

43-4A-14. Notice of existence of contract to athletic director of educational institution.

  1. Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.
  2. Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract.

(Code 1981, §43-4A-16, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 1989, p. 370, § 10; Ga. L. 2000, p. 1396, § 3; Ga. L. 2003, p. 774, § 17; Code 1981, §43-4A-14, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2000, p. 1396, § 6, not codified by the General Assembly, provides that the amendment to this Code section is applicable to acts occurring on or after July 1, 2000.

Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-14 as present Code Section 43-4A-13.

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 298 (1989).

43-4A-15. Requirements for agency contract; notice to student athlete; penalty for noncompliance; record for student athlete.

  1. An agency contract shall be in a record that is signed or otherwise authenticated by the parties.
  2. An agency contract shall state or contain:
    1. The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
    2. The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract;
    3. A description of any expenses that the student athlete agrees to reimburse;
    4. A description of the services to be provided to the student athlete;
    5. The duration of the contract; and
    6. The date of execution.
  3. An agency contract shall contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating:

    "WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT:

    1. YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
    2. IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
    3. YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY."
  4. An agency contract that does not conform to this Code section shall be voidable by the student athlete. If a student athlete voids an agency contract, the student athlete shall not be required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
  5. The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.

(Code 1981, §43-4A-16.1, enacted by Ga. L. 2000, p. 1396, § 4; Ga. L. 2003, p. 774, § 18; Code 1981, §43-4A-15, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2000, p. 1396, § 6, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to acts occurring on or after July 1, 2000.

Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-15 as present Code Section 43-4A-17.

43-4A-16. Cancellation of contract by student athlete.

  1. A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed.
  2. A student athlete shall not waive the right to cancel an agency contract.
  3. If a student athlete cancels an agency contract, the student athlete shall not be required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.

(Code 1981, §43-4A-17, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 2003, p. 774, § 19; Code 1981, §43-4A-16, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-16 as present Code Section 43-4A-14.

43-4A-16.1. Redesignated.

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-16.1 as present Code Section 43-4A-15.

43-4A-17. Civil penalty.

The Secretary of State may assess a civil penalty against an athlete agent not to exceed $25,000.00 for a violation of this chapter.

(Code 1981, §43-4A-15, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 2003, p. 774, § 16; Code 1981, §43-4A-17, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-17 as present Code Section 43-4A-16.

43-4A-18. Damages to educational institution; recovery.

  1. An educational institution has a right of action against an athlete agent or former student athlete for damages caused by a violation of this chapter. In an action under this Code section, the court may award to the prevailing party costs and reasonable attorney's fees.
  2. Damages to an educational institution under subsection (a) of this Code section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
  3. A right of action under this Code section shall not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student athlete.
  4. Any liability of the athlete agent or the former student athlete under this Code section shall be several and not joint.
  5. This chapter shall not restrict rights, remedies, or defenses of any person under law or equity.

(Code 1981, §43-4A-20, enacted by Ga. L. 2000, p. 1396, § 5; Ga. L. 2003, p. 774, § 22; Code 1981, §43-4A-18, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 1992, p. 3137, § 4, effective July 1, 1992, repealed former Code Section 43-4A-18, which was based on Ga. L. 1988, p. 651, § 1, relating to termination.

Ga. L. 2000, p. 1396, § 6, not codified by the General Assembly, provides that this Code section is applicable to acts occurring on or after July 1, 2000.

Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-18 as present Code Section 43-4A-19.

43-4A-19. Uniformity in application between states.

In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(Code 1981, §43-4A-18, enacted by Ga. L. 2003, p. 774, § 20; Code 1981, §43-4A-19, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-19 as present Code Section 43-4A-20.

43-4A-20. Electronic signatures.

The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.

(Code 1981, §43-4A-19, enacted by Ga. L. 1990, p. 8, § 43; Ga. L. 2003, p. 774, § 21; Code 1981, §43-4A-20, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.)

Editor's notes.

- Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-20 as present Code Section 43-4A-18.

CHAPTER 4B GEORGIA ATHLETIC AND ENTERTAINMENT COMMISSION

Article 1 General Provisions.
Article 2 Licensing and Participatory Requirements.
Article 3 Ticket Brokers.
Article 4 Regulation of Martial Arts and Wrestling.
Administrative Rules and Regulations.

- Boxing regulations, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Athletic and Entertainment Commission, Chapter 85-1.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 13-1801 and 13-1802 are included in the annotations for this Code section.

Scope of commission's authority.

- State Boxing Commission has authority to require licensure of professional boxing promoters; but the Commission does not have authority to license other participants, establish ring and equipment requirements and standards, or establish ring safety and conduct of bout standards by rule or regulation. 1984 Op. Att'y Gen. No. 84-10 (decided prior to 1984 amendment of O.C.G.A. § 31-31-2).

Ultimate fighting matches that encompass boxing, kick boxing, or contact karate were subject to former O.C.G.A. Ch. 31, T. 31. 1996 Op. Att'y Gen. No. 96-21 (decided under former O.C.G.A. Ch. 31, T. 31).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Entertainment and Sports, § 1 et seq.

ARTICLE 1 GENERAL PROVISIONS

43-4B-1. Definitions.

As used in this chapter, the term:

  1. "Amateur," when applied to a person engaged in boxing, wrestling, or a martial art, means a person who receives no compensation and engages in a match, contest, or exhibition of boxing, wrestling, or a martial art that is governed or authorized by:
    1. U.S.A. Boxing;
    2. The Georgia High School Athletic Association;
    3. The National Collegiate Athletic Association;
    4. Amateur Athletic Union;
    5. Golden Gloves;
    6. Team Georgia Amateur Wrestling;
    7. USA Wrestling;
    8. National High School Coaches Association;
    9. North American Sport Karate Association;
    10. International Sport Kick Boxing/Karate Association;
    11. World Kick Boxing Association;
    12. United States Kick Boxing Association;
    13. International Sport Combat Federation;
    14. Professional Karate Commission;
    15. International Kick Boxing Federation; or
    16. The local affiliate of any organization listed in this paragraph.
  2. "Boxing match" means a contest between two individuals in which contestants score points in rounds of two or three minutes by striking with padded fists the head and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges.
  3. "Boxing registry" means a registry created or designated pursuant to subsection (j) of Code Section 43-4B-4.

    (3.1) "Charitable organization" means an entity described by:

    1. Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or
    2. Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section 170(c)).
  4. "Commission" means the Georgia Athletic and Entertainment Commission.
  5. "Exhibition" means a contest where the participants engage in the use of boxing, wrestling, or martial arts skills and techniques and where the objective is to display such skills and techniques without striving to win.
  6. "Face value" means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match, contest, exhibition, or entertainment event. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes.
  7. "Gross proceeds" means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter.
  8. "Gross receipts" means:
    1. The gross price charged for the sale or lease of broadcasting, television, pay per view, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges;
    2. The face value of all tickets sold and complimentary tickets issued, provided, or given; and
    3. The face value of any seats issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event.
  9. "Local tax" means any occupation tax or other tax owed to a county or municipality in order to hold a match, contest, or exhibition or to carry on a business as a ticket broker within such county or municipality.

    (9.1) "Kickboxing" means unarmed combat involving the use of striking techniques delivered with the upper and lower body and in which the competitors remain standing while striking.

  10. "Manager" means a person who under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a matter related to boxing on behalf of a boxer. Such term includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant.

    (10.1) "Martial art" means any form of unarmed combative sport or unarmed combative entertainment that allows contact striking, except boxing or wrestling.

    (10.2) "Matchmaker" means a person who is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions between opponents or who proposes professional matches, contests, or exhibitions and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible.

  11. "Mixed martial arts" means unarmed combat involving the use of a combination of techniques from different disciplines of the martial arts, including but not limited to grappling, submission holds, and strikes with the upper and lower body.

    (11.1) "Original purchaser for personal use" means a person who buys one or more tickets with the intention of using the ticket or tickets solely for the use of the purchaser or the purchaser's invitees, employees, and agents. An original purchaser who resells more than six tickets to the same athletic contest or entertainment event and who resells tickets to an athletic contest or entertainment event for more than 105 percent of their face value shall be rebuttably presumed to be engaging in the business of a ticket broker in any criminal prosecution or civil action, order, or penalty by the commission.

    (11.2) "Patron boxing," "patron wrestling," or "patron martial arts" means boxing, wrestling, or martial arts that is not:

    1. Governed or authorized by any organization listed in paragraph (1) of this Code section;
    2. Governed or authorized by an organization licensed by the commission in accordance with this chapter;
    3. Governed or authorized by an organization exempted from licensure by the commission in accordance with this chapter; and
    4. Licensed by the commission in accordance with Article 2 of this chapter.

    (11.3) "Pay per view" means a telecast for which a fee is required in addition to any other fee paid by the viewer for any other services of the telecaster.

  12. "Person" means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character.
  13. "Physician" means a doctor of medicine or other medical professional legally authorized by any state to practice medicine.
  14. "Professional" means a person who is participating or has participated in a match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and:
    1. Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition;
    2. Is participating or has participated in any match, contest, or exhibition to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry;
    3. Is participating or has participated in any match, contest, or exhibition which is or was filmed, broadcast, or transmitted for viewing; or
    4. Is participating or has participated in any match, contest, or exhibition which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise.
  15. "Professional match, contest, or exhibition" means a match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and:
    1. Rewards a participant with cash as a salary, purse, or prize for such participation;
    2. Requires for admission payment of a ticket for admission or other evidence of the right of entry;
    3. Is filmed, broadcast, or transmitted for viewing; or
    4. Provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise.
  16. "Promoter" means the person primarily responsible for organizing, promoting, and producing a professional match, contest, or exhibition and who is legally responsible for the lawful conduct of such professional match, contest, or exhibition.

    (16.1) "Promotion of unarmed combat" means the organization, promotion, production, publicizing, or arranging of, or provision of a venue for, a competition of unarmed combat by a person who receives some compensation or commercial benefit from such competition.

  17. "Purse" or "ring earnings" means the financial guarantee or any other remuneration, or part thereof, for which professional boxers or wrestlers are participating in a match, contest, or exhibition and includes the boxer's or wrestler's share of any payment received for radio broadcasting, television, or motion picture rights.

    (17.1) "Shidokan" means unarmed combat involving three separate, segregated rounds in which karate rules and techniques are exclusively used in one round, kickboxing rules and techniques are exclusively used in one round, and grappling rules and techniques are exclusively used in one round.

  18. "State" means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States.
  19. "Ticket broker" means:
    1. Any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held in this state to which the general public is admitted and who charges a premium in excess of the price of the ticket; or
    2. Any person who has a permanent office or place of business in this state who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held inside or outside this state to which the general public is admitted and who charges a premium in excess of the price of the ticket.

      The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of such persons.

    1. "Unarmed combat" means any form of competition between human beings or one or more human beings and one or more animals in which:
      1. One or more blows are struck which may reasonably be expected to inflict injury on a human being; and
      2. There is some compensation or commercial benefit arising from such competition, whether in the form of cash or noncash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise.

      Such term also means any amateur kickboxing match in which the competitors are not wearing protective gear.

    2. Unarmed combat shall include but shall not be limited to: tough man fights, bad man fights, nude boxing, nude wrestling, patron boxing, patron martial arts, and patron wrestling.
    3. Unarmed combat shall not include:
      1. Professional boxing licensed in accordance with this chapter;
      2. Professional wrestling governed or authorized by an organization licensed or exempted from licensure in accordance with this chapter;
      3. Amateur boxing governed or authorized by an organization listed in paragraph (1) of this Code section;
      4. Amateur wrestling governed or authorized by an organization listed in paragraph (1) of this Code section;
      5. Any competition displaying the skills of a single form of an Oriental system of unarmed combative sports or unarmed combative entertainment, including, but not limited to, kickboxing, karate, or full-contact karate, that is held pursuant to the rules of that form and governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter;
      6. Shidokan when the competition is governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter;
      7. Mixed martial arts fighting when the competition is governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter; or
      8. Other martial arts competitions, when governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter.
  20. "Wrestling" means:
    1. A staged performance of fighting and gymnastic skills and techniques by two or more human beings who are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences; or
    2. A performance of fighting and gymnastic skills and techniques by two or more human beings.

(Code 1981, §43-4B-1, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2003, p. 774, §§ 23, 24; Ga. L. 2005, p. 984, § 1/SB 224; Ga. L. 2011, p. 752, § 43/HB 142.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, former paragraph (10.2) was redesignated as present paragraph (11) and former paragraph (11) was redesignated as present paragraph (10.2); in paragraph (17.1), "in which" was substituted for "of which" near the beginning; in division (20)(C)(v), "kickboxing" was substituted for "kick boxing" near the middle; and, in division (20)(C)(vi), "or" was deleted from the end.

Administrative Rules and Regulations.

- Boxing regulations, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Athletic and Entertainment Commission, Chapter 85-1.

43-4B-2. Application.

  1. The provisions of this chapter shall not be construed to apply to any match, contest, or exhibition:
    1. In which the contestants are all amateurs; and
    2. Which is governed or authorized by:
      1. U.S.A. Boxing;
      2. The Georgia High School Athletic Association;
      3. The National Collegiate Athletic Association;
      4. Amateur Athletic Union;
      5. Golden Gloves;
      6. Team Georgia Amateur Wrestling;
      7. USA Wrestling;
      8. National High School Coaches Association;
      9. North American Sport Karate Association;
      10. International Sport Kick Boxing/Karate Association;
      11. World Kick Boxing Association;
      12. United States Kick Boxing Association;
      13. International Sport Combat Federation;
      14. Professional Karate Commission;
      15. International Kick Boxing Federation; or
      16. The local affiliate of any organization listed in this paragraph.
  2. The provisions of this chapter shall not apply to any matches, contests, or exhibitions of professional wrestling or to a promoter or organization that promotes, organizes, or governs such matches, contests, or exhibitions where such promoter or organization is a corporation that, at the time of such matches, contests, or exhibitions:
    1. Is registered under the federal Securities Exchange Act of 1934; and
    2. Has total assets of not less than $25 million.

(Code 1981, §43-4B-2, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2005, p. 984, § 2/SB 224; Ga. L. 2011, p. 752, § 43/HB 142.)

43-4B-3. Georgia Athletic and Entertainment Commission; membership; medical advisory panel; reimbursement of members.

  1. The State Boxing Commission in existence immediately prior to July 1, 2001, is continued in existence subject to the provisions of this chapter. On and after July 1, 2001, the name of such commission shall be the Georgia Athletic and Entertainment Commission. The membership of the commission shall continue unchanged except as otherwise expressly provided by this chapter.
  2. The commission shall be composed of five members appointed by the Governor. Each member of the commission shall be appointed for a term of four years and until his or her successor is appointed. Vacancies shall be filled for the unexpired terms under the same procedures and requirements as appointments for full terms.
  3. The commission shall elect a chairperson from among its membership for a term of one year. The commission may elect a vice chairperson from its membership for a term of one year. Any member serving as chairperson shall be eligible for successive election to such office by the commission.
  4. The commission's medical advisory panel, appointed by the Governor, shall consist of four persons licensed to practice medicine in Georgia pursuant to the provisions of Chapter 34 of this title. They shall represent the specialties of neurology, ophthalmology, sports medicine, and general medicine. The medical advisory panel shall advise and assist the commission and its staff regarding issues and questions concerning the medical safety of applicants or licensees, including, but not limited to, matters relating to medical suspensions. The medical advisory panel may meet separately from the commission to discuss and formulate recommendations for the commission in connection with medical safety. Members of the medical advisory panel shall not be counted in determining a quorum of the commission and shall not vote as commission members.
  5. Each member of the commission and the medical advisory panel shall be reimbursed for expenses and travel as provided for members of various professional licensing boards in subsection (f) of Code Section 43-1-2.

(Code 1981, §43-4B-3, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2005, p. 984, § 3/SB 224.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2001, "July 1, 2001," was substituted for "the effective date of this chapter," twice in subsection (a).

43-4B-4. Authority of commission; inspectors; prefight physicals; investigations; promotion of amateur boxing; identification cards for boxers; boxing registry; financial backing of professional events; tax payments.

  1. The commission is the sole regulator of professional boxing in Georgia and shall have authority to protect the physical safety and welfare of professional boxers and serve the public interest by closely supervising all professional boxing in Georgia.
  2. The commission shall have the sole jurisdiction to license the promotion or holding of each professional match, contest, or exhibition of boxing promoted or held within this state.
  3. The commission shall have the sole authority to license participants in any professional match, contest, or exhibition of boxing held in this state.
  4. The commission has the authority to direct, manage, control, and supervise all professional matches, contests, or exhibitions of boxing. It may adopt bylaws for its own management and promulgate and enforce rules and regulations consistent with this chapter.
  5. The commission may appoint one or more inspectors as duly authorized representatives of the commission to ensure that the rules are strictly observed. Such inspectors shall be present at all professional matches, contests, or exhibitions of boxing.
  6. The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers licensed under this chapter and shall designate a roster of physicians authorized to conduct prefight physicals and serve as ringside physicians in all professional boxing matches held in this state.
  7. The commission or any agent duly designated by the commission may make investigations. The commission may hold hearings; issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records; and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant to this chapter. During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this chapter, the commission may withhold all or a portion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved.
  8. The commission shall be authorized to engage in activities which promote amateur boxing in this state and to contract with any nonprofit organization which is exempted from the taxation of income pursuant to Code Section 48-7-25 for the provision of services related to the promotion of amateur boxing in this state. To support amateur boxing in this state, the commission may promote voluntary contributions through the application process or through any fund raising or other promotional technique deemed appropriate by the commission.
  9. Pursuant to 15 U.S.C.A. Section 6301, et seq., the commission is authorized to issue to each boxer who is a resident of this state an identification card bearing the boxer's photograph and in such form and containing such information as the commission deems necessary and appropriate. The commission is expressly authorized to ensure that the form and manner of issuance of such identification cards comply with any applicable federal law or regulation. The commission is authorized to charge an amount not to exceed $100.00 per card for the issuance or replacement of each identification card.
  10. The commission is authorized to create a boxing registry or to designate a nationally recognized boxing registry and to register each boxer who is a resident of this state or who is a resident of another state which has no boxing registry.
  11. The commission is authorized to inquire into the financial backing of any professional match, contest, or exhibition of boxing and obtain answers to written or oral questions propounded to all persons associated with such professional event.
  12. The commission is authorized to receive tax payments in accordance with Code Section 43-4B-20, and to remit such tax payments to the general treasury.

(Code 1981, §43-4B-4, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2003, p. 774, § 25.)

U.S. Code.

- Muhammad Ali Boxing Reform Act, 15 U.S.C. § 6301 et seq.

43-4B-5. Secretary of commission.

The Secretary of State shall designate the secretary of the commission, who shall issue licenses and identification cards and perform such other duties as the commission may direct to carry out the provisions of this chapter.

(Code 1981, §43-4B-5, enacted by Ga. L. 2001, p. 752, § 2.)

43-4B-6. Commission meetings.

  1. The commission shall meet upon the call of the chairperson or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a quorum.
  2. The chairperson, if necessary, may within ten days of receiving an application and license fee call a meeting of the commission for the purpose of approving or rejecting an application for a license or match permit which has been submitted to the commission. The meeting shall be held within 20 days of the chairperson's call at a place designated by the chairperson.

(Code 1981, §43-4B-6, enacted by Ga. L. 2001, p. 752, § 2.)

43-4B-7. Rules and regulations governing professional boxing.

The commission shall adopt rules and regulations governing professional boxing to establish the following:

  1. Procedures to evaluate the professional records and physicians' certifications of each boxer participating in a professional match, contest, or exhibition of boxing and to deny authorization for a professional boxer to fight where appropriate;
  2. Procedures to ensure that, except as otherwise provided in subsection (c) of Code Section 43-4B-13, no professional boxer is permitted to box while under suspension from any state boxing commission because of:
    1. A recent knockout, technical knockout, or series of consecutive losses;
    2. An injury, requirement for a medical procedure, or physician's denial of certification;
    3. Failure of a drug test; or
    4. The use of false aliases or falsifying official identification cards or documents; and
  3. Procedures to report to the boxing registry the results of all professional matches, contests, or exhibitions of boxing held in this state or being supervised by the commission and any related suspensions.

(Code 1981, §43-4B-7, enacted by Ga. L. 2001, p. 752, § 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2001, "Code Section 43-4B-13" was substituted for "Code Section 43-4B-14" in paragraph (2).

43-4B-8. Prohibited compensation to commission members.

No member or employee of the commission and no person who administers or enforces the provisions of this chapter or rules promulgated in accordance with this chapter may belong to, contract with, or receive any compensation from any person or organization who authorizes, arranges, or promotes professional matches, contests, or exhibitions of boxing, martial arts, or wrestling or who otherwise has a financial interest in any activity or licensee regulated by this commission. The term "compensation" does not include funds held in escrow for payment to another person in connection with a professional match, contest, or exhibition of boxing, martial arts, or wrestling.

(Code 1981, §43-4B-8, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2005, p. 984, § 4/SB 224.)

ARTICLE 2 LICENSING AND PARTICIPATORY REQUIREMENTS

43-4B-10. Promoter's license and match permit requirements; applications; performance bond; fees.

  1. No person shall promote or hold a professional match, contest, or exhibition of boxing within this state without first applying for and obtaining a promoter's license from the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year.
  2. Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $250.00 in the form of a cashier's check made out to the commission. The application shall also be accompanied by a performance bond in an amount and under such conditions as the commission may require.
  3. No person shall promote or hold a professional match, contest, or exhibition of boxing within this state without first applying for and obtaining a match permit from the commission for such professional match, contest, or exhibition of boxing in addition to the license required by subsection (a) of this Code section. Each application for a match permit shall be on a form provided by the commission and shall be accompanied by a nonrefundable application fee not to exceed $250.00 in the form of a cashier's check made out to the commission. The commission may charge an additional match fee in accordance with rules and regulations promulgated by the commission to implement the provisions of this article.
  4. The commission may, prior to issuing any match permit, require a performance bond in addition to that required in subsection (b) of this Code section.
  5. The commission may refund any portion of the match permit fee in excess of $250.00 to any person who paid such excess fee in the event the professional match, contest, or exhibition of boxing for which such fees were paid is not held.

(Code 1981, §43-4B-10, enacted by Ga. L. 2001, p. 752, § 2.)

43-4B-11. Required licenses for boxers and nonboxing participants; prerequisites to licenses.

  1. Prior to participating in a professional match, contest, or exhibition of boxing supervised by the commission, referees, judges, timekeepers, matchmakers, boxers, managers, trainers, and each person who assists a boxer immediately before and after a match, contest, or exhibition of boxing and between rounds during a match, contest, or exhibition of boxing shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission and pay an annual license fee not to exceed $250.00. Any boxer who has been licensed by the commission during a previous year shall be deemed to be an applicant for a license in any year for which such boxer has entered into a written contract to participate in a professional match, contest, or exhibition of boxing in this state upon the date of entering into such a contract. Any party to such a contract may notify the commission that such a contract has been signed.
  2. The commission shall issue a license under this Code section only if:
    1. The commission has determined to the best of its ability that the applicant has the training or skills necessary to perform in a manner appropriate to the license;
    2. The applicant has complied with all applicable requirements of this chapter and any rules and regulations promulgated pursuant to this chapter; and
    3. The commission or its designated representative has determined from information provided by the applicant and from any medical evaluation required by the commission that the health, welfare, and physical safety of the applicant will not be unduly jeopardized by the issuance of the license.

(Code 1981, §43-4B-11, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2003, p. 774, § 26.)

43-4B-12. Registry requirements for boxers; identification card; fees.

In addition to the license required in Code Section 43-4B-11, each professional boxer who is a resident of this state or another state which has no state boxing commission is required to register with a boxing registry created or designated by the commission and renew his or her registration as prescribed by rules of the commission. At the time of registration and renewal, the boxer shall provide the boxing registry with a recent photograph of the boxer and the social security number of the boxer or, in the case of a foreign boxer, any similar citizen identification number or boxer number from the country of residence of the boxer, along with any other information the commission requires. The boxing registry shall issue a personal identification number to each boxer and such number shall appear on the identification card issued to the boxer as a result of registration. Each boxer is required to present to the boxing commission an identification card issued by the state in which he or she resides not later than the time of the weigh-in for a professional match, contest, or exhibition. The commission may charge a registration fee in an amount calculated to cover the administrative expense of such registration.

(Code 1981, §43-4B-12, enacted by Ga. L. 2001, p. 752, § 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2001, "Code Section 43-4B-11" was substituted for "Code Section 43-4B-12" near the beginning of this Code section.

43-4B-13. Authority to refuse to grant or to revoke or suspend license; fines; revoking suspension.

  1. The commission shall have the authority to refuse to grant a license to an applicant upon a finding by a majority of the entire commission that the applicant has failed to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, and regulations under which licensure is sought. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the commission that he or she meets all the requirements for the issuance of a license, and, if the commission is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the commission if he or she so desires.
  2. The commission may, by majority vote, after prior notice to the holder of any state license and after affording such a holder an opportunity to be heard, fine the license holder, revoke or suspend a state license, or take other disciplinary action against the licensee, and:
    1. The commission shall, upon the recommendation of any officially designated representative for reasons involving the medical or physical safety of any professional boxer licensed by the commission, summarily suspend any license previously issued by the commission or take other disciplinary action against any licensee; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any such summary suspension imposed against such a licensee may include, but shall not be limited to:
      1. Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 60 days of having suffered a knockout; or
      2. Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 30 days of having suffered a technical knockout where evidence of head trauma has been determined by the attending ringside physician.

        The length of any summary suspension invoked pursuant to subparagraph (A) or (B) of this paragraph, upon recommendation of the ringside physician, may be extended to any number of days. Terms and conditions of the suspension or revocation may require that the boxer submit to further medical evaluation as determined by the ringside physician; and

    2. The commission, its secretary, or its duly authorized representative may, at any time prior to the completion of a permitted professional match, contest, or exhibition of boxing, summarily suspend or revoke the match permit or the license of any specific boxer should it be determined by such person that the continuation of said professional match, contest, or exhibition of boxing may jeopardize the health, welfare, morals, or safety of the citizens of this state or may jeopardize the health or personal safety of any participant of such professional match, contest, or exhibition of boxing; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
  3. The commission may revoke a suspension of a boxer if:
    1. The boxer was suspended pursuant to rules and regulations adopted pursuant to subparagraph (A) or (B) of paragraph (2) of Code Section 43-4B-7 and has furnished proof of a sufficiently improved medical or physical condition; or
    2. The boxer furnishes proof that a suspension pursuant to subparagraph (D) of paragraph (2) of Code Section 43-4B-7 was not or is no longer merited by the facts.

(Code 1981, §43-4B-13, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2005, p. 60, § 43/HB 95.)

43-4B-14. Prequalification requirements for events.

No person may arrange, promote, organize, produce, or participate in a professional match, contest, or exhibition of boxing without meeting the following requirements:

  1. Each boxer must be examined by a physician who must then certify that the boxer is physically fit to compete safely. Copies of each such certificate shall be provided to the commission prior to the professional match, contest, or exhibition of boxing. The commission is authorized at any time to require a boxer to undergo a physical examination, including neurological or neuropsychological tests and procedures;
  2. A physician approved by the commission must be continuously present at ringside during every professional match, contest, or exhibition of boxing. The physician shall observe the physical condition of the boxers and advise the referee with regards thereto;
  3. One or more inspectors appointed by the commission as duly authorized representatives of the commission shall be present at each professional match, contest, or exhibition of boxing to ensure that the rules are strictly observed. An inspector or other duly authorized representative of the commission must be present at the weigh-in and at the ring during the conduct of the professional match, contest, or exhibition of boxing. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing rooms of the boxers;
  4. Each boxer shall be covered by health insurance which will cover injuries sustained during the professional match, contest, or exhibition of boxing; and
  5. An ambulance and medical personnel with appropriate resuscitation equipment must be continuously present at the site during any professional match, contest, or exhibition of boxing.

(Code 1981, §43-4B-14, enacted by Ga. L. 2001, p. 752, § 2.)

43-4B-15. Alcohol and drug use prohibited.

It shall be unlawful for any boxer to participate or attempt to participate in a professional match, contest, or exhibition of boxing while under the influence of alcohol or any drug. A boxer shall be deemed under the influence of alcohol or a drug for the purposes of this Code section if a physical examination made during a period of time beginning not more than six hours prior to the beginning of the professional match, contest, or exhibition of boxing and ending not more than one hour after the completion of the professional match, contest, or exhibition of boxing reveals that the boxer's mental or physical ability is impaired in any way as a direct result of the use of alcohol or a drug.

(Code 1981, §43-4B-15, enacted by Ga. L. 2001, p. 752, § 2.)

43-4B-16. Building standards and regulations for matches.

All buildings or structures used or intended to be used for holding or giving professional matches, contests, or exhibitions of boxing shall be safe and shall in all manner conform to the laws, ordinances, and regulations pertaining to buildings in the city or unincorporated area of the county where the building or structure is situated.

(Code 1981, §43-4B-16, enacted by Ga. L. 2001, p. 752, § 2.)

43-4B-17. Age requirements; stricter standards for boxers over age 50.

  1. No person under the age of 18 years shall participate as a contestant in any professional match, contest, or exhibition of boxing.
  2. A primary duty of the commission is ensuring that any person whose health does not permit safely engaging in boxing as a contestant is not licensed as a professional boxer. The General Assembly finds that adequate protection of the health of persons who are 50 years of age or older requires additional precautions by the commission. A person who is 50 years of age or older shall be licensed as a professional boxer and permitted to participate in a professional match, contest, or exhibition of boxing only if such person:
    1. Has participated as a contestant in at least ten professional matches or contests of boxing in the immediately preceding ten years, including at least four professional matches or contests of boxing in the immediately preceding four years; and
    2. Is declared medically and physically able to participate as a contestant in a professional match, contest, or exhibition of boxing by a physician who has conducted a more rigorous examination than examinations performed in accordance with this chapter for persons who are younger than 50 years of age.
  3. The commission shall promulgate and adopt rules and regulations for the more rigorous examination required by this Code section for persons who are 50 years of age or older.

(Code 1981, §43-4B-17, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2003, p. 774, § 27.)

43-4B-18. Jurisdiction of commission.

The commission shall have jurisdiction over any professional match, contest, or exhibition of boxing which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state.

(Code 1981, §43-4B-18, enacted by Ga. L. 2001, p. 752, § 2.)

43-4B-19. Proceedings for violations of article.

  1. Whenever it may appear to the commission that any person is violating or has violated any provision of this article or Article 1 of this chapter and that proceedings would be in the public interest:
    1. Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," unless the right to notice is waived by the person against whom the sanction is imposed, the commission may:
      1. Issue a cease and desist order prohibiting any violation of this article or Article 1 of this chapter;
      2. Issue an order against a person who violates this article or Article 1 of this chapter, imposing a civil penalty up to a maximum of $1,000.00 per violation; or
      3. Issue an order suspending or revoking the license of the person violating this article or Article 1 of this chapter; or
    2. Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article or Article 1 of this chapter, a rule promulgated under this article or Article 1 of this chapter, or an order of the commission, the court may enter or grant any or all of the following relief:
      1. A temporary restraining order or a temporary or permanent injunction;
      2. A civil penalty up to a maximum of $2,000.00 per violation of this article or Article 1 of this chapter;
      3. A declaratory judgment;
      4. Restitution to any person or persons adversely affected by a defendant's action in violation of this article or Article 1 of this chapter; or
      5. Other relief as the court deems just or reasonable.
  2. Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review.
  3. Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," unless the provisions of such chapter are contrary to the express provisions of this article or Article 1 of this chapter.

(Code 1981, §43-4B-19, enacted by Ga. L. 2003, p. 774, § 28.)

43-4B-20. Report by promoter required; pay preview promoters; tax payment; falsifying report.

  1. A promoter holding a match, contest, or exhibition of boxing shall, within three business days after the match, file with the commission a written report which includes the number of tickets sold, the amount of gross receipts, the amount of gross proceeds, and any other facts the commission may require. Within ten days following the match, contest, or exhibition of boxing, the promoter shall remit to the commission a tax payment in the amount of 5 percent of the gross proceeds exclusive of any federal taxes.
  2. A promoter who sells, transfers, or extends to another the rights to telecast by pay per view for viewing in this state, whether the telecast originates inside or outside this state, a match, contest, or exhibition of boxing that would be subject to regulation by the commission in accordance with this chapter if the match, contest, or exhibition were held in this state, shall, within three business days after the sale, transfer, or extension of such rights in whole or in part, file with the commission a written report that includes the gross price charged for the rights to telecast by pay per view, the number of tickets sold, the amount of gross receipts, and any other facts the commission may require.
  3. Any written report required to be filed with the commission under this Code section shall be postmarked within three business days after the conclusion of the match or telecast, if the telecast is later than the match, and an additional five days shall be allowed for mailing.
  4. Each promoter subject to subsection (b) of this Code Section shall remit to the commission within ten days following a match, contest, or exhibition a tax payment in the amount of 5 percent of total gross receipts, as defined in subparagraph (A) of paragraph (8) of Code Section 43-4B-1, exclusive of any federal taxes, except that the tax payment derived from the gross price charged for the sale or lease of pay per view telecasting and motion picture rights shall not exceed $40,000.00 for any single event.
    1. Any promoter who willfully makes a false and fraudulent report under this Code section is guilty of perjury and, upon conviction, is subject to punishment as provided by law. Such penalty shall be in addition to any other penalties imposed by this chapter.
    2. Any promoter who willfully fails, neglects, or refuses to make a report or to pay the taxes as prescribed or who refuses to allow the commission to examine the books, papers, and records of any promotion is guilty of a misdemeanor.
  5. The commission shall remit all tax payments to the general treasury of the state.

(Code 1981, §43-4B-20, enacted by Ga. L. 2003, p. 774, § 28; Ga. L. 2005, p. 984, § 5/SB 224.)

43-4B-21. Injunctions; penalty for violations of article; unarmed combat.

  1. Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of this article, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition of boxing in violation of this article.
    1. Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of this article shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both.
    2. Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both.
    3. Any professional boxer who knowingly violates any provision of this article except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation.
    4. Any professional boxer who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation.
  2. Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature.
  3. Promotion of unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor for the first offense; a high and aggravated misdemeanor for the second offense; and a felony for the third and subsequent offenses, punishable upon conviction by a fine not to exceed $10,000.00 or imprisonment not to exceed two years, or both such fine and imprisonment.

(Code 1981, §43-4B-21, enacted by Ga. L. 2003, p. 774, § 28; Ga. L. 2005, p. 984, § 6/SB 224.)

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- O.C.G.A. § 43-4B-21 is an offense for which those charged with a violation are to be fingerprinted. 2006 Op. Att'y Gen. No. 2006-2.

ARTICLE 3 TICKET BROKERS

43-4B-25. Authority to resell tickets; service charges.

  1. Except as otherwise provided in Code Section 43-4B-29, it shall be unlawful for any person other than a ticket broker to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic contest, concert, theater performance, amusement, exhibition, or other entertainment event to which the general public is admitted for a price in excess of the face value of the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provision of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the face value of the ticket. Such writing granting authority to another shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission.
  2. Notwithstanding any other provision of this article to the contrary, in the case of any athletic contest or entertainment event that is described in Code Section 43-4B-30, a sponsor of such a contest or event may contractually restrict the resale of a ticket to such contest or event by giving notice of such restriction on the back of the ticket. Notwithstanding any other provision of this article to the contrary, in the case of any athletic contest or entertainment event, an owner, operator, lessee, or tenant of the property on which such contest or event is to be held or is being held may contractually restrict the resale of the right of occupancy of any specific suite, seat, or seating area by giving notice in writing of such restriction.

(Code 1981, §43-4B-25, enacted by Ga. L. 2001, p. 752, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting.

- Georgia Crime Information Center is not authorized to collect and file fingerprints of persons charged with a violation of O.C.G.A. § 43-4B-25. 2001 Op. Att'y Gen. No. 2001-11.

43-4B-26. Requirements.

In order to engage in the practice or business of a ticket broker a person shall be required to:

  1. Maintain a permanent office or place of business in this state, excluding a post office box, for the purpose of engaging in the business of a ticket broker;
  2. Apply to the commission for a ticket broker's license on a form designated by the commission, pay an annual license fee of $500.00, and renew the license annually;
  3. Pay any local tax required by a local government; and
  4. Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of Title 48.

(Code 1981, §43-4B-26, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2003, p. 774, § 29; Ga. L. 2005, p. 984, § 7/SB 224.)

43-4B-27. Disqualification for felony conviction.

No person shall engage in the practice or business of a ticket broker, or be employed as general manager for a person engaged in the practice or business of a ticket broker, who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored.

(Code 1981, §43-4B-27, enacted by Ga. L. 2001, p. 752, § 2.)

Cross references.

- Equal protection, U.S. Const., amend. 14, and Ga. Const. 1983, Art. I, Sec. I, Para. II.

43-4B-28. Resale by ticket brokers; disclosure requirements; sale and resale restrictions; refunds.

  1. The ticket broker shall be required to:
    1. Post at its established place of business the terms of the purchaser's right to cancel the purchase of a ticket from a ticket broker;
    2. Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled;
    3. Disclose to the purchaser in writing the difference between the face value of the ticket and the amount which the ticket broker is charging for such ticket; and
    4. Sell tickets only at its permanent office, place of business, or through the Internet; provided, however, that delivery of one or more tickets after the transaction is completed to a place other than the ticket broker's office or place of business shall not violate this paragraph.
    1. A ticket broker shall be prohibited from employing any agent or employee for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held.
    2. Each ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for any contest or event.
    3. Unless otherwise provided in a written agreement between a ticket broker and the purchaser, a ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancellation of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertainment event.
    4. A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled.
    5. If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of three times the amount paid by the purchaser for each such ticket.
    1. For all venues which seat or admit less than 15,000 persons, a ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within 1,500 feet from the venue where an event or contest is to be held or is being held.
    2. For all venues which seat or admit 15,000 or more persons, a ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within 2,700 feet from the venue where an event or contest is to be held or is being held.
  2. Any ticket broker offering to resell tickets to an athletic contest or entertainment event through any printed, broadcast, or Internet advertising shall include in such advertising the license number of such ticket broker offering such tickets for resale.

(Code 1981, §43-4B-28, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2003, p. 774, § 30; Ga. L. 2005, p. 984, § 8/SB 224.)

43-4B-29. Resale of tickets by original purchaser; charitable organizations.

  1. No provision of this article or any other provision of law shall criminally prohibit any person who is the original purchaser for personal use of one or more tickets to an athletic contest or entertainment event covered under this article from reselling or offering for resale any of such tickets for any price, provided that such person does not sell or offer to sell such tickets within 2,700 feet of a venue which seats or admits 15,000 or more persons for such a contest or event or a public entrance to such a contest or event.
  2. Charitable organizations and their employees and volunteers shall not be subject to the provisions of this article when offering for sale any tickets of admission in a raffle, auction, or similar fundraising activity for the benefit of the organization's charitable purposes.

(Code 1981, §43-4B-29, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2002, p. 415, § 43; Ga. L. 2005, p. 984, § 9/SB 224.)

43-4B-29.1. Resale within zone authorized by the event organizer and the venue owner or operator.

  1. Notwithstanding subsection (c) of Code Section 43-4B-28 and subsection (b) of Code Section 43-4B-30, no provision of this article or any other provision of law shall provide a criminal penalty for or prohibit the resale or offering for resale of a ticket or tickets to an athletic contest or entertainment event covered under this article by a ticket broker or a ticket broker's employees, agents, and assigns in a zone or zones within the area where such resale or offering for resale is prohibited by such subsections, if such activity is authorized by the organizer of the contest or event and the owner or operator of the venue where such contest or event is being held or to be held.
  2. Notwithstanding subsection (a) of Code Section 43-4B-29 and subsection (b) of Code Section 43-4B-30, no provision of this article or any other provision of law shall provide a criminal penalty for or prohibit the resale or offering for resale of a ticket or tickets purchased by any person who is the original purchaser for personal use of such ticket or tickets to an athletic contest or entertainment event covered under this article in a zone or zones within the area where such resale or offering for resale is prohibited by such subsections, if such activity is authorized by the organizer of the contest or event and the owner or operator of the venue where such contest or event is being held or to be held.

(Code 1981, §43-4B-29.1, enacted by Ga. L. 2005, p. 984, § 10/SB 224.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, a comma was deleted following "Code Section 43-4B-28" in subsection (a).

43-4B-30. County and municipal ordinances.

  1. With regard to any single athletic contest or entertainment event which occurs no more often than once annually and with regard to any series of athletic contests which occur no more often than once annually and which occur within a time period not exceeding ten days, the municipal corporation in which such contest, event, or series of contests is to be held, or if the contest, event, or series of contests is to be held in an unincorporated area, the county of such unincorporated area, is authorized to enact by ordinance regulations governing ticket brokers for such contest, event, or series of contests which are more restrictive than the provisions of this article.
  2. The municipal corporation in which an athletic contest or entertainment event is to be held, or if the contest or entertainment event is to be held in an unincorporated area, the county of such unincorporated area, is authorized to enact an ordinance prohibiting the resale or offering for resale of one or more tickets by a ticket broker or by a person who is the original purchaser for personal use of one or more tickets within 2,700 feet of a venue which seats or admits 15,000 or more persons.

(Code 1981, §43-4B-30, enacted by Ga. L. 2001, p. 752, § 2; Ga. L. 2003, p. 774, § 31; Ga. L. 2005, p. 984, § 11/SB 224.)

43-4B-31. Violation of article a misdemeanor.

Any person who violates this article is guilty of a misdemeanor of a high and aggravated nature.

(Code 1981, §43-4B-31, enacted by Ga. L. 2001, p. 752, § 2.)

43-4B-32. Powers of commission upon violation of article.

  1. In addition to the powers and duties set out in Code Section 43-4B-3, the commission is authorized to promulgate rules and regulations to accomplish the purposes of this article in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The commission shall enforce the provisions of this article. The enforcement powers of the commission set out in this Code section shall be in addition to the criminal penalty provided by Code Section 43-4B-31.
  2. Whenever it may appear to the commission that any person is violating or has violated any provision of this article and that proceedings would be in the public interest:
    1. Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," unless the right to notice is waived by the person against whom the sanction is imposed, the commission may:
      1. Issue a cease and desist order prohibiting any violation of this article;
      2. Issue an order against a person who violates this article, imposing a civil penalty up to a maximum of $1,000.00 per violation; or
      3. Issue an order suspending or revoking the ticket broker's license; or
    2. Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article, a rule promulgated under this article, or an order of the commission, the court may enter or grant any or all of the following relief:
      1. A temporary restraining order or a temporary or permanent injunction;
      2. A civil penalty up to a maximum of $2,000.00 per violation of this article;
      3. A declaratory judgment;
      4. Restitution to any person or persons adversely affected by a defendant's action in violation of this article; or
      5. Other relief as the court deems just or reasonable.
  3. Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review.
  4. Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," unless the provisions of such chapter are contrary to the express provisions of this article.

(Code 1981, §43-4B-32, enacted by Ga. L. 2001, p. 752, § 2.)

ARTICLE 4 REGULATION OF MARTIAL ARTS AND WRESTLING

43-4B-50. Authority and duties of the commission with regard to licensure, exemption from licensure, and regulation.

  1. The commission shall have the sole authority to license organizations that govern and authorize matches, contests, and exhibitions of martial arts and wrestling and to exempt organizations from licensure in accordance with this article. The commission shall have the sole authority to permit and regulate matches, contests, and exhibitions of martial arts and wrestling. The commission shall have the sole authority to license promoters of matches, contests, and exhibitions of martial arts. The commission shall have the duty to safeguard the public health, to protect competitors, and to provide for competitive matches by requiring licensed organizations to abide by rules promulgated by the commission for basic minimum medical and safety requirements based on the nature of the activity and the anticipated level of physical conditioning and training of competitors. The commission shall have the authority to inquire as to a licensed organization's plans or arrangements for compliance with such rules. The commission shall have the authority to require annual fees for licensure and a fee for each such match, contest, or exhibition or for each show and to penalize licensed organizations, licensed promoters, and the holders of match permits that violate the provisions of this article or rules of the commission promulgated in accordance with this article.
  2. If requested by a licensed organization, the commission shall have the authority to provide direct oversight services, including but not limited to on-site inspectors, to a licensed organization for a fee negotiated between the commission and the licensed organization.

(Code 1981, §43-4B-50, enacted by Ga. L. 2005, p. 984, § 12/SB 224.)

43-4B-51. Fees.

  1. Except as otherwise provided in subsection (c) of this Code section, the annual fee for licensure of organizations subject to this article is $1,000.00.
  2. As used in this subsection, the term "show" includes all matches, contests, or exhibitions held at the same venue on the same date and included in the same admission fee if an admission fee is charged. Except as otherwise provided in subsection (c) of this Code section, the maximum permit fee for each show authorized or governed by an organization licensed in accordance with this article is $250.00. The maximum permit fee for each match, contest, or exhibition that is not a component of a show and is authorized by an organization licensed in accordance with this article is $250.00, except as otherwise provided in subsection (c) of this Code section. Such fee shall be paid to the commission on or before the date of the match, contest, or exhibition. The commission may provide by rule for a refund of a portion of the fee if the match, contest, or exhibition is not held.
  3. For organizations authorizing or governing matches, contests, or exhibitions of wrestling as defined in subparagraph (A) of paragraph (21) of Code Section 43-4B-1, the annual fee for licensure is $100.00. There shall be no permit fee for matches, contests, or exhibitions of wrestling as defined in such subparagraph. Organizations subject to this subsection shall make reports to the commission in accordance with rules and regulations promulgated by the commission.
  4. The annual fee for a promoter's license for promoters of martial arts matches, contests, or exhibitions shall be $500.00.

(Code 1981, §43-4B-51, enacted by Ga. L. 2005, p. 984, § 12/SB 224.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, "exhibitions" was substituted for "exhibits" in the first sentence of subsection (b).

43-4B-52. Requirements for matches, contests, and exhibitions.

  1. A licensed organization shall provide written notice to the commission of a match, contest, or exhibition authorized and governed by the organization no later than 15 days before the date of the match, contest, or exhibition. The licensed organization governing the match, contest, or exhibition shall provide information required by the commission relating to the contestants, venue, rules for the competition, and anticipated level of physical conditioning and training of the contestants.
  2. A licensed organization shall, after a match, contest, or exhibition authorized and governed by the organization, file with the commission an affidavit that includes the number of tickets sold, the amount of gross receipts, the amount of sales tax to be paid to the Department of Revenue, and any other facts the commission may require. Such affidavit shall be postmarked within three business days after the conclusion of the match, contest, or exhibition.

(Code 1981, §43-4B-52, enacted by Ga. L. 2005, p. 984, § 12/SB 224.)

43-4B-53. Prohibited activities for felons or persons convicted of crime of moral turpitude.

  1. Notwithstanding any other provision of this chapter or any other law to the contrary, no person or entity shall directly or indirectly engage in the practice of being a promoter of kickboxing, muay thai, Thai boxing, full-contact karate, mixed martial arts, shidokan, or martial arts matches, contests, exhibitions of any type, or be employed or otherwise serve as a manager, matchmaker, or organizer for any person or entity engaged in the practice of being a promoter of kickboxing, muay thai, Thai boxing, full-contact karate, mixed martial arts, or martial arts matches, contests, or exhibitions of any type, who has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony or crime of moral turpitude under the laws of this state or any offense that, had it occurred within this state, would constitute a felony or crime of moral turpitude under the laws of this state for a period of ten years from the date of such conviction or plea. For purposes of this Code section, a conviction shall include but not be limited to disposition under Article 3 of Chapter 8 of Title 42.
  2. Notwithstanding any other provision of this chapter or any other law to the contrary, no person or entity shall be retained, employed, or otherwise serve as a sanctioning, governing, licensing, authorizing, or ranking body or organization or act as an employee or representative thereof for any kickboxing, muay thai, full-contact karate, mixed martial arts, shidokan, or martial arts matches, contests, or exhibitions of any type promoted, managed, or organized in violation of subsection (a) of this Code section.
  3. Notwithstanding any other provision of this chapter or any other law to the contrary, no sanctioning, governing, licensing, authorizing, or ranking body or organization for any kickboxing, muay thai, Thai boxing, full-contact karate, mixed martial arts, shidokan, or martial arts matches, contests, or exhibitions of any type shall employ, designate, or otherwise assign or utilize any person as a representative or official who has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony or crime of moral turpitude under the laws of this state or any offense that, had it occurred within this state, would constitute a felony or crime of moral turpitude under the laws of this state for a period of ten years from the date of such conviction or plea. For purposes of this Code section, a conviction shall include but not be limited to disposition under Article 3 of Chapter 8 of Title 42.
  4. The first violation of this Code section by any individual or entity shall constitute a misdemeanor of a high and aggravated nature. Any second and subsequent conviction under this Code section shall constitute a felony and shall be punished by imprisonment for not less than one nor more than five years.

(Code 1981, §43-4B-53, enacted by Ga. L. 2005, p. 984, § 12/SB 224.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, "kickboxing" was substituted for "kick boxing" in subsections (a), (b) and (c).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- O.C.G.A. § 43-4B-53 is an offense for which those charged with a violation are to be fingerprinted. 2006 Op. Att'y Gen. No. 2006-2.

43-4B-54. Suspension, revocation, or denial of licenses or permits; fines.

  1. The commission is authorized to suspend, revoke, or deny a license or renewal of a license of an organization or a promoter for violation of this article or rules of the commission promulgated in accordance with this article. The commission is authorized to fine a licensed organization or promoter for violation of this article or rules of the commission promulgated in accordance with this article.
  2. The commission is authorized to suspend, revoke, or deny issuance of a permit for a show, match, contest, or exhibition issued in accordance with this article in the interest of the safety or health of the competitors or public, or for violation of this article or rules of the commission promulgated in accordance with this article.

(Code 1981, §43-4B-54, enacted by Ga. L. 2005, p. 984, § 12/SB 224.)

43-4B-55. Exemptions.

  1. Subject to the restriction set forth in Code Section 43-4B-53, the commission is authorized to exempt organizations from the requirements of licensure and permitting when the commission, in its discretion, deems the matches, contests, and exhibitions authorized or governed by the organization present little or no danger to the health and safety of the competitors and the public.
  2. In determining whether to exempt an organization from licensure and permitting requirements, the commission shall consider the following factors:
    1. Whether the organization requesting exemption has allowed any person who has ever pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony or crime of moral turpitude under the laws of this state or any offense that, had it occurred within this state, would constitute a felony or crime of moral turpitude under the laws of this state, within ten years of such conviction or plea, to act as a promoter for any match, contest, or exhibition that it has sanctioned, governed, licensed, or authorized or whether it has authorized, retained, employed, or otherwise allowed such a person to act or serve as its employee or representative in connection with any match that it has sanctioned, governed, licensed, or authorized. For purposes of this Code section, a conviction shall include but not be limited to adjudication under Article 3 of Chapter 8 of Title 42. Should the commission determine that a sanctioning organization has allowed, retained, employed, or otherwise authorized such a person to act in any of the aforementioned capacities, the organization shall not be exempted from the requirements of licensure;
    2. Whether the matches, contests, and exhibitions are conducted in the course of teaching wrestling or a martial art and are closely supervised by well-trained teachers;
    3. Whether an admission fee is charged for viewing the matches, contests, or exhibitions;
    4. Whether the matches, contests, or exhibitions offer a commercial advantage to the organization;
    5. Whether the matches, contests, or exhibitions are conducted in a manner to minimize the danger of injury;
    6. Whether the commission's information about previous matches, contests, or exhibitions conducted by the organization indicates that the matches, contests, or exhibitions are likely to result in injury; and
    7. Other factors deemed by the commission as indicia of danger to health or safety and set out in rules promulgated by the commission.

(Code 1981, §43-4B-55, enacted by Ga. L. 2005, p. 984, § 12/SB 224.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, a semicolon was substituted for a period at the end of paragraph (b)(1).

CHAPTER 5 ATHLETIC TRAINERS

Administrative Rules and Regulations.

- Athletic trainer, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Athletic Trainers, Chapter 53-1 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 115 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

43-5-1. Definitions.

As used in this chapter, the term:

  1. "Athletic injury" means any injury sustained by a person as a result of such person's participation in exercises, sports, games, or recreational activities, or any activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina without respect to where or how the injury occurs. Nothing in this paragraph shall be construed to expand the scope of practice of an athletic trainer beyond the determination of the advising and consenting physician as provided for in paragraph (2) of this Code section.
  2. "Athletic trainer" means a person with specific qualifications, as set forth in Code Sections 43-5-7 and 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. Nothing in this Code section shall be construed to require licensure of elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers.
  3. "Board" means the Georgia Board of Athletic Trainers.

(Ga. L. 1977, p. 1123, § 1; Ga. L. 1991, p. 750, § 1; Ga. L. 2005, p. 473, § 1/HB 217; Ga. L. 2008, p. 1112, § 12/HB 1055; Ga. L. 2017, p. 774, § 43/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, added "As used in this chapter, the term:" preceding paragraph (1).

Administrative Rules and Regulations.

- Definitions, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Athletic Trainers, Chapter 53-2.

Law reviews.

- For survey article on workers' compensation law, see 60 Mercer L. Rev. 433 (2008).

JUDICIAL DECISIONS

O.C.G.A. § 43-5-1 did not apply to make a physical therapy company liable in an action against the company for permitting a physical trainer in the company's employ to give advice regarding care of an ingrown toenail without advice and consent of a physician; a physical therapy group is not required to have a physician on staff and the physical trainer was acting as an athletic trainer for a high school at the time. Georgia Physical Therapy, Inc. v. McCullough, 219 Ga. App. 744, 466 S.E.2d 635 (1995).

OPINIONS OF THE ATTORNEY GENERAL

Scope of practice.

- Licensed athletic trainers may only perform their injury preventive and rehabilitative functions when specific statutory conditions have been met. 1984 Op. Att'y Gen. No. 84-72.

While treatments may be administered in the setting of a private clinic such as a physical therapy or sports medicine group, an athletic trainer may not administer treatments to persons other than athletes on the team that employs that athletic trainer, nor may the athletic trainer administer these treatments without the advice and consent of the team physician. 1984 Op. Att'y Gen. No. 84-72.

RESEARCH REFERENCES

ALR.

- Medical malpractice liability of sports medicine care providers for injury to, or death, of athlete, 33 A.L.R.5th 619.

43-5-2. Creation of board; composition; qualifications of members; terms of office; oath of members; vacancies.

  1. The Georgia Board of Athletic Trainers, composed of four members who shall be appointed by the Governor and confirmed by the Senate, is created. To qualify as a member, a person must be a citizen of the United States and a resident of this state.Two members must be athletic trainers, one member must be a physician licensed by the state, and one member shall be appointed from the public at large and shall have no connection whatsoever with the practice or profession of athletic training.
  2. Members shall serve for a term of office of six years. All terms shall expire on January 31 of even-numbered years. In making the initial appointments, the Governor shall appoint one member for a term expiring in 1978, one member in 1980, and one member for a term expiring in 1982. The initial appointment for the member appointed from the public at large shall expire January 31, 1986.
  3. Each appointee to the board shall qualify by taking an oath of office within 15 days from the date of his appointment. On presentation of the oath, the Secretary of State shall issue commissions to appointees as evidence of their authority to act as members of the board.
  4. In the event of death, resignation, or removal of any member, the vacancy of the unexpired term shall be filled by the Governor in the same manner as other appointments.

(Ga. L. 1977, p. 1123, § 2; Ga. L. 1980, p. 55, § 1; Ga. L. 1991, p. 750, § 2.)

43-5-3. Election of officers; appointment of committees; meetings.

  1. The board shall elect a chairman and a vice-chairman from its members for a term of one year and may appoint such committees as it considers necessary to carry out its duties.
  2. The board shall meet at least twice each year. Additional meetings may be held on the call of the chairman or at the written request of any two members of the board.

(Ga. L. 1977, p. 1123, § 3; Ga. L. 1980, p. 55, § 1.)

43-5-4. Maintenance of record of board's proceedings by division director.

The division director shall keep a record of the board's proceedings in a book maintained for that purpose.

(Ga. L. 1977, p. 1123, § 4; Ga. L. 2000, p. 1706, § 19.)

43-5-5. Reimbursement of board members.

Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

(Ga. L. 1977, p. 1123, § 6.)

43-5-6. General powers and duties of board.

  1. The board is authorized to promulgate and adopt rules and regulations consistent with this chapter which are necessary for the performance of its duties.
  2. The board shall prescribe application forms for license applications.
  3. The board shall establish guidelines for athletic trainers in the state and prepare and conduct an examination for applicants for a license.
  4. The board shall adopt an official seal and the form of a license certificate of suitable design.

(Ga. L. 1977, p. 1123, § 5.)

Administrative Rules and Regulations.

- Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Board of Athletic Trainers, Chapter 53-1 et seq.

43-5-7. License requirement for persons engaged as athletic trainers.

No person shall hold himself or herself out as an athletic trainer or perform the services of an athletic trainer, as defined in this chapter, without first obtaining a license under this chapter; provided, however, that nothing in this chapter shall be construed to prevent any person from serving as a student-trainer, assistant-trainer, or any similar position if such service is not primarily for compensation and is carried out under the supervision of a physician or a licensed athletic trainer.

(Ga. L. 1977, p. 1123, § 8; Ga. L. 2002, p. 1125, § 1; Ga. L. 2005, p. 473, § 2/HB 217.)

Administrative Rules and Regulations.

- Licensure by examination, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Athletic Trainers, Chapter 53-3.

RESEARCH REFERENCES

ALR.

- Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834.

Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

43-5-8. Qualifications of applicants; reciprocity.

  1. An applicant for an athletic trainer's license must have met the athletic training curriculum requirements of a college or university approved by the board and give proof of graduation.
  2. The board shall be authorized to grant a license, without examination, to any qualified athletic trainer holding a license in another state if such other state recognizes licensees of this state in the same manner.
  3. The board may grant a license without examination to any qualified applicant who holds a certification from the National Athletic Trainers Board of Certification.
  4. Any person who was issued a license prior to July 1, 2004, shall remain qualified for licensure, notwithstanding the requirement for proof of graduation in subsection (a) of this Code section, so long as the license remains current.

(Ga. L. 1977, p. 1123, § 9; Ga. L. 1985, p. 985, § 1; Ga. L. 1989, p. 454, § 1; Ga. L. 2002, p. 1125, § 2.)

Cross references.

- Cooperation between Georgia and other states generally, T. 28, C. 6.

Administrative Rules and Regulations.

- Licensure by reciprocity, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Athletic Trainers, Chapter 53-4.

43-5-9. Application for licenses; issuance of licenses to qualified applicants; term of license; continuing education.

  1. An applicant for an athletic trainer's license must submit an application to the board on forms prescribed by the board and submit the examination fee required by this chapter.
  2. The applicant is entitled to an athletic trainer's license if he possesses the qualifications enumerated in Code Section 43-5-8, satisfactorily completes an examination approved by the board, pays the required license fee, and has not committed an act which constitutes grounds for denial of a license under Code Section 43-5-10.
  3. Licenses issued by the board shall expire biennially. As a condition of license renewal, the board shall be authorized to require licensees to complete continuing education courses approved by the board.

(Ga. L. 1977, p. 1123, § 10; Ga. L. 1983, p. 444, § 1; Ga. L. 1985, p. 985, § 2; Ga. L. 1989, p. 454, § 2.)

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

43-5-10. Grounds for denial, suspension, or revocation of licenses.

The board may refuse to issue a license to an applicant or may suspend or revoke the license of any licensee if he has:

  1. Been convicted of a felony or misdemeanor involving moral turpitude, the record of conviction being conclusive evidence of conviction;
  2. Secured the license by fraud or deceit; or
  3. Violated or conspired to violate this chapter or rules and regulations issued pursuant to this chapter.

(Ga. L. 1977, p. 1123, § 12.)

43-5-11. Hearing before board when license denied, revoked, or suspended; reissuance of license.

  1. Any person whose application for a license is denied is entitled to a hearing before the board if he submits a written request to the board.
  2. Proceedings for revocation or suspension of a license shall be commenced by filing charges with the board in writing and under oath. The charges may be made by any person or persons.
  3. The division director shall fix a time and place for a hearing and shall cause a written copy of the charges or reason for denial of a license, together with a notice of the time and place fixed for hearing, to be served on the applicant requesting the hearing or licensee against whom the charges have been filed at least 20 days prior to the date set for the hearing. Service of charges and notice of hearing may be given by certified mail or statutory overnight delivery to the last known address of the licensee or applicant.
  4. At the hearing, the applicant or licensee has the right to appear either personally or by counsel, or both, to produce witnesses, to have subpoenas issued by the board, and to cross-examine the opposing or adverse witnesses.
  5. The board is not bound by strict rules of procedure or by the laws of evidence in the conduct of the proceedings, but the determination shall be founded upon sufficient legal evidence to sustain it.
  6. The board shall determine the charges on their merits and enter an order in a permanent record setting forth the findings of fact and law and the action taken. A copy of the order of the board shall be mailed to the applicant or licensee at his last known address by certified mail or statutory overnight delivery.
  7. On application, the board may reissue a license to a person whose license has been canceled or revoked, but the application may not be made prior to the expiration of a period of six months after the order of cancellation or revocation has become final; and the application shall be made in the manner and form as the board may require.

(Ga. L. 1977, p. 1123, § 13; Ga. L. 2000, p. 1589, § 3; Ga. L. 2000, p. 1706, § 19.)

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsections (c) and (f) are applicable with respect to notices delivered on or after July 1, 2000.

RESEARCH REFERENCES

ALR.

- Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.

43-5-12. Appeal from board's order.

  1. A person whose application for a license has been refused or whose license has been canceled, revoked, or suspended by the board may take an appeal, within 30 days after the order is entered, to any court of competent jurisdiction.
  2. A case reviewed under this Code section shall proceed in the superior court by trial de novo. Appeal from the judgment of the superior court lies as in other civil cases.

(Ga. L. 1977, p. 1123, § 14.)

Administrative Rules and Regulations.

- Procedural rules, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Athletic Trainers, Chapter 53-9.

43-5-13. Exceptions to operation of chapter.

  1. Nothing in this chapter shall be construed to authorize the practice of medicine by any person not licensed by the Georgia Composite Medical Board.
  2. This chapter does not apply to physicians licensed by the Georgia Composite Medical Board; to dentists, duly qualified and registered under the laws of this state who confine their practice strictly to dentistry; nor to licensed optometrists who confine their practice strictly to optometry as defined by law; nor to occupational therapists; nor to nurses who practice nursing only; nor to duly licensed chiropodists or podiatrists who confine their practice strictly to chiropody or podiatry as defined by law; nor to physical therapists who confine their practice to physical therapy; nor shall any provisions of this chapter be construed so as to limit or prevent any person duly licensed under the laws of this state to practice the profession for which he or she was licensed.

(Ga. L. 1977, p. 1123, § 17; Ga. L. 2009, p. 859, § 2/HB 509.)

43-5-14. Penalty.

Any person who violates Code Section 43-5-7 shall be guilty of a misdemeanor of a high and aggravated nature.

(Ga. L. 1977, p. 1123, § 15; Ga. L. 2003, p. 422, § 2.)

43-5-15. Termination.

Repealed by Ga. L. 1992, p. 3317, § 5, effective July 1, 1992.

Editor's notes.

- This Code section was based on Ga. L. 1982, p. 430, §§ 1, 2; Ga. L. 1983, p. 444, § 2; and Ga. L. 1989, p. 454, § 3.

CHAPTER 6 AUCTIONEERS

Cross references.

- Regulation of livestock auctions by Commissioner of Agriculture, § 4-6-42 et seq.

Judicial sales, § 9-13-140 et seq.

Auctions for sale of flue-cured leaf tobacco, § 10-4-100 et seq.

Administrative Rules and Regulations.

- Organization, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Auctioneers Commission, Chapter 55-1.

Law reviews.

- For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014).

OPINIONS OF THE ATTORNEY GENERAL

Auction sale by students of Georgia Tech, proceeds going to charity, is not forbidden by Georgia law. 1962 Op. Att'y Gen. p. 593 (decided prior to enactment of this chapter).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 115 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.

Regulations affecting auctions or auctioneers, 31 A.L.R. 299; 39 A.L.R. 773; 111 A.L.R. 473.

Effect on auction sale of by-bidding or puffing, 46 A.L.R. 122.

Title to goods, as between purchaser from, and one who entrusted them to, auctioneer, 36 A.L.R.2d 1362.

Withdrawal of property from auction sale, 37 A.L.R.2d 1049.

Regulation and licensing of jewelry auctions, 53 A.L.R.2d 1433.

Auctioneer's action for commissions against seller, 38 A.L.R.4th 170.

Liability of auctioneer under doctrine of strict products liability, 83 A.L.R.4th 1188.

43-6-1. Definitions.

As used in this chapter, the term:

  1. "Absolute auction" shall mean that ownership and title of real or personal property offered at auction must be conveyed to the high bidder without reservation and without any competing bids of any type by the owner or an agent of the owner of the property.
  2. Reserved.
  3. "Auction business" or "business of auctioning" means the performing of any of the acts of an auctioneer, including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction or offering, negotiating, or attempting to negotiate a listing contract for the sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale.
  4. "Auction with reserve" shall mean that the seller reserves the right to refuse any and all bids.
  5. "Auctioneer" means any person who, for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale and has been duly licensed, as provided in this chapter.
  6. "Commission" means the Georgia Auctioneers Commission.
  7. "Company" means an association, partnership, limited liability company, corporation, or sole proprietorship and shall also include the officers, directors, members, and employees of such entities.
  8. "Goods" means any chattel, goods, merchandise, real or personal property, or commodities of any form or type which lawfully may be kept or offered for sale.
  9. "Person or persons" means an individual.
  10. "Ringperson" means any person employed directly by an auctioneer or auction company responsible for a sale who assists the auctioneer in the conduct of an auction, provided that such person shall not be permitted to call or chant a bid or negotiate a listing contract.

(Code 1933, § 84-301A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1987, p. 596, § 1; Ga. L. 1988, p. 13, § 43; Ga. L. 1989, p. 1409, § 1; Ga. L. 1990, p. 576, § 1; Ga. L. 1993, p. 123, § 21; Ga. L. 1993, p. 1030, § 1; Ga. L. 1996, p. 657, § 1; Ga. L. 2014, p. 294, § 1/HB 1042.)

The 2014 amendment, effective July 1, 2014, substituted "Reserved" for the former provisions of paragraph (2), which read: " 'Apprentice auctioneer' means any person who for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or engage in any auctioning activity and who is duly licensed under this chapter or any person who is not employed by an auctioneer and who conducts the business of auctioning in cases where gross sales do not exceed $2,000.00 per auction and who is duly licensed under this chapter,"; and deleted "or apprentice auctioneer" following "auctioneer" near the beginning of paragraph (3).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Auctions and Auctioneers, § 1 et seq.

C.J.S.

- 7A C.J.S., Auctions and Auctioneers, § 1 et seq.

43-6-2. Creation of commission; composition; terms of office; qualifications of members.

  1. The Georgia Auctioneers Commission is created under the Secretary of State and the division director.
  2. The commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate. Appointments shall be for a term of five years, to end on the anniversary date of original appointments, except appointments to fill a vacancy which shall be for the unexpired term only.
  3. Five members of the commission shall be licensed auctioneers who shall have been residents of this state and actively engaged in the auctioneering business for at least five years. One member shall be a consumer advocate and a resident of this state and shall have no connection whatsoever with the practice or profession of auctioneering.

(Code 1933, § 84-305A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1984, p. 1084, § 1; Ga. L. 1996, p. 657, § 2; Ga. L. 2000, p. 1706, § 19.)

43-6-3. Selection of chairman; rules and regulations; meetings.

  1. The commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry this chapter into effect and, from time to time, may promulgate necessary rules and regulations to carry out this chapter.
  2. The commission shall meet as necessary and shall remain in session as long as the chairman deems it necessary to give full consideration to the business before the commission.

(Code 1933, § 84-305A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1990, p. 576, § 2; Ga. L. 1996, p. 657, § 3.)

43-6-4. Reimbursement of commission members.

Each member of the commission shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

(Code 1933, § 84-305A, enacted by Ga. L. 1975, p. 53, § 1.)

43-6-5. Commission reports to Governor and General Assembly.

Reserved. Repealed by Ga. L. 1990, p. 576, § 3, effective March 30, 1990.

Editor's notes.

- This Code section was based on Code 1933, § 84-305A, enacted by Ga. L. 1975, p. 53, § 1.

43-6-6. Seal.

The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words "State Auctioneers Commission, State of Georgia" and such other devices as the commission may desire included thereon, by which it shall authenticate the acts of the commission.

(Code 1933, § 84-306A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 2011, p. 99, § 65/HB 24.)

Editor's notes.

- Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews.

- For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Seals, § 1 et seq.

43-6-7. Adoption of rules and regulations.

The commission is authorized to adopt rules and regulations relating to the professional conduct of licensees, a code of ethics, and the administration of this chapter.Such rules and regulations shall not apply to and shall not set schedules of fees or commissions for the services of the licensees.

(Code 1933, § 84-305A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1993, p. 1030, § 2.)

Administrative Rules and Regulations.

- Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Auctioneers Commission, Chapter 55-1 et seq.

43-6-8. Authority to regulate issuance of licenses, to revoke or suspend licenses, and to censure licensees.

Except as provided in Code Section 43-1-4, the commission shall have the power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to censure licensees for any violation of this chapter.

(Code 1933, § 85-308A, enacted by Ga. L. 1975, p. 53, § 1.)

43-6-9. License requirement for auctioneers; registration for companies conducting auctions; restrictions as to sales of real property.

  1. It shall be unlawful for any person, directly or indirectly, to engage in, conduct, advertise, hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, an auctioneer within this state without first obtaining a license as an auctioneer, as provided in this chapter, unless he or she is exempted from obtaining a license under Code Section 43-6-24.
  2. It shall be unlawful for any licensed auctioneer to act in such capacity in the sale of real property unless such auctioneer shall also be licensed as a real estate broker, associate broker, or salesperson under Chapter 40 of this title; provided, however, that any auctioneer who was licensed as such by this state prior to July 1, 1978, and who, prior to December 31, 1984, submits proof to the commission that he or she has been auctioning real property for five years or more immediately prior to the date of application shall not be required to meet the provisions of this subsection but such person shall not thereby be construed to be a real estate broker, associate broker, or salesperson under Chapter 40 of this title.
  3. It shall be unlawful for any company, directly or indirectly, to engage in, conduct, advertise, hold itself out as engaging in or conducting the business of auctioning without first being registered by the commission, unless such company is exempted from obtaining a license pursuant to Code Section 43-6-24.

(Code 1933, § 84-302A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1984, p. 1084, § 2; Ga. L. 1987, p. 596, § 2; Ga. L. 2014, p. 294, § 2/HB 1042.)

The 2014 amendment, effective July 1, 2014, deleted "or apprentice auctioneer" throughout subsections (a) and (b); and, in subsection (a), twice inserted "or she" and inserted "or herself".

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1987, "this title" was substituted twice for "Title 43" in subsection (b).

OPINIONS OF THE ATTORNEY GENERAL

Dealer may auction wrecked or reparable motor vehicles without being registered.

- Licensed used motor vehicle parts dealer may auction wrecked or reparable motor vehicles without also being registered with the Georgia Auctioneers Commission as auctioning is incidental to the practice of a salvage pool dealer. However, a dealer may not auction items other than wrecked or reparable motor vehicles without an auction company license. 1989 Op. Att'y Gen. No. 89-58.

Licensed auctioneers who sell used motor vehicles on consignment must also be licensed as used car dealers unless such sales are made by a used car dealer or a financial institution. Auction companies which auction used motor vehicles on consignment must also be registered as used car dealers if such sales are made to independent motor vehicle dealers or to individual consumers. 1991 Op. Att'y Gen. No. 91-15.

RESEARCH REFERENCES

ALR.

- Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.

43-6-10. Application by person for license.

Any person desiring to act as an auctioneer must file an application for a license with the commission. The application shall be in such form and detail as the commission shall prescribe, setting forth the following:

  1. The name and address of the applicant or the name under which he or she intends to conduct business; if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted; and, if the applicant is a corporation, the name and address of each of its principal officers;
  2. The place or places, including the municipality, with the street and street number, if any, where the business is to be conducted; and
  3. Such other information as the commission shall require.

(Code 1933, § 84-309A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1993, p. 123, § 22; Ga. L. 2014, p. 294, § 3/HB 1042.)

The 2014 amendment, effective July 1, 2014, deleted "or apprentice auctioneer" following "an auctioneer" near the beginning of this Code section.

Administrative Rules and Regulations.

- Application for licensure, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Auctioneers Commission, Chapter 55-3.

43-6-11. Qualifications of applicants.

  1. No auctioneer's license shall be issued to any person who has not attained the age of 18 years, nor to any person who is not a resident of this state unless he or she has fully complied with Code Section 43-6-12, nor to any person who is not a citizen or has not filed his or her intent to become a citizen of the United States.
  2. Each applicant for an auctioneer's license shall be required to pass an examination in a form prescribed by the commission.
  3. Each applicant for licensure as an auctioneer must prove to the commission that he or she is reputable, trustworthy, honest, and competent to transact the business of auctioning in such a manner as to safeguard the interest of the public.
  4. Each applicant for licensure as an auctioneer shall have successfully graduated from an accredited high school or obtained a GED and have graduated from an auctioneers school approved by the commission prior to making an application for an auctioneer's license.

(Code 1933, § 84-311A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1979, p. 1268, § 2; Ga. L. 1982, p. 3, § 43; Ga. L. 1982, p. 1686, §§ 1, 2; Ga. L. 1989, p. 1409, § 2; Ga. L. 1991, p. 801, § 1; Ga. L. 1993, p. 1030, § 3; Ga. L. 1996, p. 657, § 4; Ga. L. 2011, p. 752, § 43/HB 142; Ga. L. 2014, p. 294, § 4/HB 1042.)

The 2014 amendment, effective July 1, 2014, deleted "or apprentice auctioneer's" following "an auctioneer's" throughout this Code section; in subsection (a), inserted "or she" and inserted "or her"; in subsection (c), inserted "or she", and substituted "auctioning" for "an auctioneer or of an apprentice auctioneer" near the end; and deleted former subsection (e), which read: "On and after December 31, 1995, no apprentice auctioneer's license shall be issued or renewed.".

43-6-11.1. Application by company for registration; exemptions; trust accounts.

  1. No company shall be registered to engage in the business of auctioning unless such company furnishes to the commission:
    1. A completed application form as prescribed by the commission;
    2. Satisfactory evidence approved by the commission that the company employs or shall employ an auctioneer licensed under the provisions of this chapter to conduct any auctions in this state; and
    3. If such company is a foreign corporation, satisfactory evidence approved by the commission that such company is authorized to do business in this state and is registered in accordance with Chapter 3 of Title 14.
  2. A company owned by or employing one or more full-time auctioneers licensed by the commission may be exempt from subsection (a) of this Code section, provided that such company is directly supervised by a licensed auctioneer.
  3. A company licensed under Chapter 47 and Chapter 48 of this title which engages in the business of auctioning on behalf of insurance companies and financial institutions shall not be subject to the requirements of paragraph (3) of Code Section 43-6-18.
  4. An auction company must maintain at all times an active trust account and register such account with the Georgia Auctioneers Commission.

(Code 1981, §43-6-11.1, enacted by Ga. L. 1987, p. 596, § 3; Ga. L. 1989, p. 1409, § 3; Ga. L. 1991, p. 801, § 2; Ga. L. 1996, p. 657, § 5.)

Administrative Rules and Regulations.

- Company registration, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Auctioneers Commission, Chapter 55-7.

OPINIONS OF THE ATTORNEY GENERAL

Person or company possessing both a used motor vehicle parts dealer's license and an auction company's license must maintain separate bonds under each license. 1989 Op. Att'y Gen. No. 89-58.

43-6-11.2. Expiration of licenses; waiver of continuing education requirement; rules and regulations.

  1. Licenses for auctioneers shall expire biennially as provided in Code Section 43-1-4.The commission shall be authorized to require persons seeking renewal of an auctioneer's license under this chapter to complete commission approved continuing education of not more than eight hours biennially.
  2. The commission shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the commission deems appropriate.
  3. The commission shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
  4. This Code section shall apply to each biennial renewal cycle which begins after the 1990-1991 renewal.

(Code 1981, §43-6-11.2, enacted by Ga. L. 1991, p. 799, § 1.)

43-6-12. Reciprocity; nonresident license requirement; designation of agents for service of process.

  1. Any resident of another state who holds a current license as an auctioneer under the laws of any other state having requirements similar to those in this chapter may, at the discretion of the commission, be issued a license to practice as an auctioneer in this state without written examination upon the payment of the fees as required by the commission.
  2. Any resident of another state which does not have a law regulating the licensing of auctioneers but who holds a current and valid license in a state which has a reciprocal licensing agreement with Georgia may, at the discretion of the commission, be issued a license to practice as an auctioneer in this state without examination upon the payment of a fee as required by the commission.
  3. Prior to the issuance of a license to a nonresident auctioneer, such nonresident shall file with the commission a designation in writing that appoints the commission or a deputy to be designated by it to act as the licensee's agent upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commission chairman, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon such agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of all such process or notices, the commission or the deputy as designated by it shall immediately mail a copy of the same by certified mail or statutory overnight delivery to the last known business address of the licensee.

(Code 1933, § 84-314A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1979, p. 1268, § 3; Ga. L. 1987, p. 596, § 4; Ga. L. 1988, p. 13, § 43; Ga. L. 1991, p. 799, § 2; Ga. L. 1993, p. 1030, § 4; Ga. L. 2000, p. 1589, § 3; Ga. L. 2014, p. 294, § 5/HB 1042.)

The 2014 amendment, effective July 1, 2014, deleted "or an apprentice auctioneer" following "an auctioneer" twice in subsection (a); and deleted "or apprentice auctioneer" following "auctioneer" in subsection (c).

Cross references.

- Cooperation between Georgia and other states generally, T. 28, C. 6.

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (c) is applicable with respect to notices delivered on or after July 1, 2000.

43-6-12.1. Proof of residence.

In order for an applicant to obtain an auctioneer's license, such applicant must show proof of a residence.

(Code 1981, §43-6-12.1, enacted by Ga. L. 1996, p. 657, § 6.)

43-6-13. License fees; effect of nonpayment of checks submitted as fee.

  1. The division director, at the time an application for licensure is submitted, shall collect from an applicant a fee in an amount established by the commission. The commission may establish separate schedules of fees for such licenses depending on whether the applicant begins to do business prior to or after the issuance of any such license.
  2. After the issuance of the first license to an applicant, such license shall cover the remaining period of the biennium.
  3. The auctioneer's biennial license fee shall be an amount established by the commission and the apprentice auctioneer's biennial license fee shall be an amount established by the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter.
  4. Any check presented to the division director as a fee for either an original or renewal license which is returned unpaid shall be cause for revocation or denial of a license.
  5. Notwithstanding any other fee prescribed in this chapter, a company shall be required to pay registration and renewal fees in an amount established by the commission.

(Code 1933, § 84-312A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1984, p. 22, § 43; Ga. L. 1987, p. 596, § 5; Ga. L. 1991, p. 799, § 3; Ga. L. 2000, p. 1706, § 19; Ga. L. 2010, p. 266, § 13/SB 195.)

43-6-14. Affixing seal to licenses; delivery of licenses; display of licenses; pocket card; branch office licenses.

Each license shall have placed thereon the seal of the commission. The license of each auctioneer shall be delivered or mailed to his or her place of business and shall be displayed conspicuously at all times in the office of the licensee. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensed auctioneer, as the case may be, stating the period of time for which fees have been paid. If an auctioneer maintains more than one place of business within the state, a branch office license shall be issued to such auctioneer for each branch office so maintained by him or her upon the payment of a biennial fee in an amount established by the commission; and the branch office license shall be conspicuously displayed in each branch office.

(Code 1933, § 84-316A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 2014, p. 294, § 6/HB 1042.)

The 2014 amendment, effective July 1, 2014, twice deleted "or apprentice auctioneer" following "auctioneer", twice inserted "or her", and deleted "and including, on apprentice auctioneers' cards only, the name and address of the auctioneer for whom such apprentice auctioneer is acting" following "been paid" from the end of the third sentence.

43-6-14.1. Carrying license identification card required.

All licensees must carry on their person, when participating in the auctioneering business in any capacity, their Georgia auctioneer's license identification card and must present such card upon demand by any official of the State of Georgia.

(Code 1981, §43-6-14.1, enacted by Ga. L. 1996, p. 657, § 7.)

43-6-15. Surety bond.

Reserved. Repealed by Ga. L. 1989, p. 1409, § 4, effective July 1, 1989.

Editor's notes.

- This Code section was based on Code 1933, § 84-321A, enacted by Ga. L. 1975, p. 53, § 1.

43-6-16. Grounds for refusal to issue license.

  1. Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of auctioning in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission shall grant a license to a corporation, limited liability company, or partnership only if the stockholder, member, or partner having a controlling interest therein bears a good reputation for honesty, trustworthiness, and integrity.
  2. Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of any other crime in a court of competent jurisdiction of this or any other state, district, or territory of the United States or of a foreign country, such untrustworthiness of the applicant and the conviction, in itself, may be a sufficient ground for refusal of a license.
  3. Where an applicant has made a false statement of material fact on his or her application, such false statement, in itself, may be sufficient ground for refusal of a license.
  4. Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license.

(Code 1933, § 84-310A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1993, p. 123, § 23; Ga. L. 2014, p. 294, § 7/HB 1042.)

The 2014 amendment, effective July 1, 2014, substituted "auctioning" for "auctioneer or apprentice auctioneer" in the first sentence of subsection (a); and inserted "or her" in the middle of subsection (c).

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

43-6-17. Procedure upon nonacceptance of applications.

If the commission, after an application in proper form has been filed and accompanied by the proper fee, shall refuse to accept the application, the commission shall provide for a hearing for such applicant in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50.

(Code 1933, § 84-315A, enacted by Ga. L. 1975, p. 53, § 1.)

43-6-18. Grounds for revocation or suspension of licenses and censure of licensees.

The commission may, upon its own motion, and shall, upon the signed complaint in writing of any person, investigate the actions of any auctioneer and shall have power to censure such licensee or to revoke or suspend any license issued under this chapter whenever such license has been obtained by false or fraudulent representation or the licensee has been found guilty of any unfair trade practices, including, but not limited to, the following:

  1. Making any substantial misrepresentation while describing any property, real or personal; using any false, deceptive, misleading, or untruthful advertising; or making any statements, either in person or through any form of advertising, which may create false or unjustified expectations of the services to be performed;
  2. Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising an auction to be an absolute auction, but conducting it as an auction with reserve or otherwise;
  3. Failing to account for or remit, within 30 days unless otherwise provided by contract, any money belonging to others that comes into his or her possession, commingling funds of others with his or her own, or failing to keep such funds of others in an escrow or trustee account;
  4. Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony;
  5. Violation of any rule or regulation or code of ethics promulgated by the commission;
  6. Any conduct of any auctioneer which demonstrates bad faith, dishonesty, incompetency, or untruthfulness;
  7. Any conduct of an auctioneer which demonstrates improper, fraudulent, or dishonest dealings;
  8. Having had any license to practice a business or profession revoked, suspended, annulled, or sanctioned, or otherwise having had any disciplinary action taken by any other licensing authority in this or any other state; or
  9. Knowingly making any misleading, false, or deceptive statement on any application for a license under this chapter.

(Code 1933, § 84-318A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1989, p. 1409, § 5; Ga. L. 1993, p. 1030, § 5; Ga. L. 1996, p. 657, § 8; Ga. L. 2014, p. 294, § 8/HB 1042.)

The 2014 amendment, effective July 1, 2014, deleted "or apprentice auctioneer" following "any auctioneer" in the introductory paragraph; and, at the end of paragraph (3), deleted the former proviso, which read: "provided, however, that the requirement of an escrow or trust account shall not apply to an apprentice auctioneer who conducts the business of auctioning where gross sales do not exceed $2,000.00 per auction;".

Cross references.

- False or fraudulent advertising, § 10-1-420 et seq.

Liability of auctioneer for sale of stolen horse or mule, § 10-1-530.

RESEARCH REFERENCES

ALR.

- Liability of auctioneer or clerk to buyer as to title, condition, or quality of property sold, 80 A.L.R.2d 1237.

Practices forbidden by state deceptive trade practice and consumer protection acts, 89 A.L.R.3d 449.

43-6-18.1. Inspector.

The commission shall have an inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining to auction activities and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account violations.

(Code 1981, §43-6-18.1, enacted by Ga. L. 1993, p. 1030, § 6; Ga. L. 1996, p. 657, § 9; Ga. L. 2008, p. 1112, § 13/HB 1055.)

Editor's notes.

- Ga. L. 1993, p. 1030, § 6, effective July 1, 1993, redesignated former Code Section 43-6-18.1 as present Code Section 43-6-18.2.

43-6-18.2. Sanctions.

After notice and opportunity for hearing as provided in Code Section 43-6-19, the commission, in its discretion, may sanction, as provided in Code Section 43-1-19 and Code Section 43-6-18, a company registered or required to be registered in accordance with this chapter.

(Code 1981, §43-6-18.1, enacted by Ga. L. 1987, p. 596, § 6; Code 1981, §43-6-18.2, as redesignated by Ga. L. 1993, p. 1030, § 6.)

43-6-19. Hearings regarding revocation or suspension of licenses or censure of licensees; appeals.

Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide for a hearing for such holder of a license in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50.

(Code 1933, § 84-319A, enacted by Ga. L. 1975, p. 53, § 1.)

43-6-20. Effect of revocation of auctioneer's license on licenses of apprentice auctioneers.

Reserved. Repealed by Ga. L. 2014, p. 294, § 9/HB 1042, effective July 1, 2014.

Editor's notes.

- This Code section was based on Code 1933, § 84-320A, enacted by Ga. L. 1975, p. 53, § 1.

43-6-21. Notification of change of business address.

Should the auctioneer change his or her place of business, he or she shall notify the commission in writing within ten days of such change, and thereupon a new pocket card shall be granted to the auctioneer.

(Code 1933, § 84-317A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2014, p. 294, § 10/HB 1042.)

The 2014 amendment, effective July 1, 2014, substituted the present provisions of this Code section for the former provisions, which read: "(a) Should the auctioneer change his place of business, he shall notify the commission in writing within ten days of such change, and thereupon a new pocket card shall be granted to the auctioneer and to his apprentice auctioneers."

"(b) When an apprentice auctioneer is discharged or terminates his employment with the auctioneer for any reason, it shall be the immediate duty of the auctioneer to deliver or mail by registered or certified mail or statutory overnight delivery to the commission the license of the apprentice auctioneer. It shall be unlawful for any apprentice auctioneer to perform any of the acts contemplated by this chapter, either directly or indirectly under authority of his license, until the apprentice auctioneer receives a new license bearing the name and address of his new employer. No more than one license shall be issued to any apprentice auctioneer for the same period of time."

43-6-22. Prerequisite for bringing action for compensation; power of commission to sue for violation.

  1. No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he or she was a duly licensed auctioneer at the time the alleged cause of action arose.
  2. The commission may bring an action for any violation of this chapter.

(Code 1933, § 84-304A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 2014, p. 294, § 11/HB 1042.)

The 2014 amendment, effective July 1, 2014, in subsection (a), inserted "or she", and deleted "apprentice auctioneer" following "auctioneer" near the end.

43-6-22.1. Auctioneers education, research, and recovery fund.

  1. The commission is authorized and directed to establish and maintain an auctioneers education, research, and recovery fund.
  2. The commission shall maintain a minimum balance of $100,000.00 in the auctioneers education, research, and recovery fund from which any person, except bonding companies when they are not principals in an auction transaction, aggrieved by an act, representation, transaction, or conduct of a licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant to this chapter, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $10,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate or lots of personal property involved in such transaction.In addition:
    1. The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $20,000.00 on behalf of such licensee;
    2. A licensee acting as a principal or agent in an auction transaction has no claim against the fund; and
    3. No person who establishes a proper claim or claims under this Code section shall ever obtain more than $10,000.00 from the fund.
  3. When any person makes application for an original license to practice as a licensee, that person shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit in the auctioneers education, research, and recovery fund.
    1. No action for a judgment which subsequently results in an order for collection from the auctioneers education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person commences action for a judgment which may result in collection from the auctioneers education, research, and recovery fund, the aggrieved person shall notify the commission in writing, by certified mail or statutory overnight delivery, return receipt requested, to this effect at the time of the commencement of such action. The commission shall have the right to intervene in and defend any such action.
    2. When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee under this chapter for any act, representation, transaction, or conduct which is in violation of this chapter or of the regulations promulgated pursuant to this chapter, or which is in violation of Chapter 47 of this title or of the regulations promulgated pursuant to Chapter 47 of this title, which act occurred on or after January 1, 1992, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the commission, may apply to the court for an order directing payment out of the auctioneers education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section.
    3. The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show:
      1. That he is not a spouse of the judgment debtor or the personal representative of such spouse;
      2. That he has complied with all the requirements of this Code section;
      3. That he has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the application; and that, in such action, he had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties;
      4. That he has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized;
      5. That he has caused the judgment debtor to make discovery under oath concerning his property, in accordance with Chapter 11 of Title 9, the "Georgia Civil Practice Act";
      6. That he has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment;
      7. That by such search he has discovered no personal or real property or other assets liable to be sold or applied or that he has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied and that he has taken all necessary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and
      8. That the following items, if any, as recovered by him have been applied to the actual or compensatory damages awarded by the court:
        1. Any amount recovered from the judgment debtor or debtors;
        2. Any amount recovered from the bonding company or companies; or
        3. Any amount recovered in out-of-court settlements as to particular defendants.
    4. Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), and (H) of paragraph (3) of this subsection and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements.
    5. The court shall make an order directed to the commission requiring payment from the auctioneers education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him for recovering the amount awarded by the judgment of the court.
    6. Should the commission pay from the auctioneers education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the auctioneers education, research, and recovery fund.If such license is that of a corporation, limited liability company, or partnership, the license of the supervising auctioneer of the corporation, limited liability company, or partnership shall automatically be revoked upon the issuance of a court order authorizing payment from the auctioneers education, research, and recovery fund.No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the rate of 6 percent per annum, the amount paid from the auctioneers education, research, and recovery fund on such licensee's account.A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection.
    7. If, at any time, the money deposited in the auctioneers education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the auctioneers education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent per annum.
  4. The sums received by the commission pursuant to any provisions of this Code section shall be deposited into the state treasury and held in a special fund to be known as the "auctioneers education, research, and recovery fund" and shall be held by the commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic insurance companies under Articles 1 and 3 of Chapter 11 of Title 33, and the interest from these investments shall be deposited to the credit of the auctioneers education, research, and recovery fund and shall be available for the same purposes as all other money deposited in the auctioneers education, research, and recovery fund.
  5. It shall be unlawful for any person or his agent to file with the commission any notice, statement, or other document required under this Code section which is false, untrue, or contains any material misstatement of fact and any such filing shall constitute a misdemeanor.
  6. When the commission receives notice, as provided in subsection (d) of this Code section, the commission may enter an appearance, file an answer, appear at the court hearing, defend the action, or take whatever other action it may deem appropriate on behalf of and in the name of the defendant and take recourse through any appropriate method of review on behalf of and in the name of the defendant.
  7. When, upon the order of the court, the commission has paid from the auctioneers education, research, and recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all his right, title, and interest in the judgment to the commission before any payment is made from the fund, and any amount and interest so recovered by the commission on the judgment shall be deposited in the fund. If the total amount collected on the judgment by the commission exceeds the amount paid from the fund to the original judgment creditor plus interest and the cost of collection, the commission may elect to pay any overage collected to the original judgment creditor or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the fund to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the commission's attempting to collect assigned judgments shall be paid from the fund.
  8. The failure of an aggrieved person to comply with all of the provisions of this Code section shall constitute a waiver of any rights under this Code section.
  9. The commission, in its discretion, may use any and all funds, in excess of the amount of $100,000.00 required by subsection (b) of this Code section, regardless of whether such funds are from the auctioneers education, research, and recovery fund or from accrued interest thereon for the purpose of helping to underwrite the cost of education and research programs for the benefit of licensees and the public as the commission may approve in accordance with the provisions of this chapter and its rules and regulations; provided, however, that the commission shall not expend or commit sums for educational or research purposes in such amounts as would cause the auctioneers education, research, and recovery fund to be reduced to an amount less than $100,000.00.
  10. In addition to the license fees provided for in this chapter, the commission, in its discretion and based upon the need to ensure that a minimum balance of $100,000.00 is maintained in the auctioneers education, research, and recovery fund, may assess each licensee, only upon renewal of his license, an amount not to exceed $150.00 per year.

(Code 1981, §43-6-22.1, enacted by Ga. L. 1991, p. 801, § 3; Ga. L. 1992, p. 2450, § 1; Ga. L. 1993, p. 123, § 24; Ga. L. 1999, p. 592, § 17; Ga. L. 2000, p. 1589, § 3.)

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to paragraph (d)(1) is applicable with respect to notices delivered on or after July 1, 2000.

Administrative Rules and Regulations.

- Schools, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Auctioneers Commission, Chapter 55-8.

Continuing education, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Auctioneers Commission, Chapter 55-9.

43-6-23. Injunctions.

Whenever, in the judgment of the commission, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney General may bring an action in the name of the state in the superior court of the county in which venue is proper, to abate and temporarily and permanently to enjoin such acts and practices and to enforce compliance with this chapter. The plaintiff shall not be required to give any bond.

(Code 1933, § 84-307A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1982, p. 3, § 43.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, §§ 1, 17 et seq.

C.J.S.

- 7A C.J.S., Attorney General, § 6 et seq.

43-6-24. Exceptions to operation of chapter.

Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, administrator, executor, or any such person acting under order of any court. This chapter shall not apply to any nonprofit organization conducting an auction where the funds are to be used in a way as to benefit persons with physical or mental disabilities or disorders or for research related to cures or prevention of such disabilities or disorders, nor shall this chapter apply to any auction conducted by a nonprofit organization where the funds are to be used for the preservation of wildlife or its habitats whether conducted by a licensed auctioneer or nonlicensed auctioneer so long as the nonprofit organization obtains a letter of exemption from the commission. This chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101 or to any youth livestock auction, sponsored by a 4-H Club or the Future Farmers of America; provided, however, that such organization or agency must first obtain from the commission a letter of exemption. This chapter shall not apply to students of approved auctioneering schools during the term of their course of study. This chapter shall not apply to any person conducting a public sale of personal property pursuant to the provisions of Code Section 10-4-213. This chapter shall not apply to ringpersons as defined in Code Section 43-6-1.

(Code 1933, § 84-303A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1979, p. 1268, § 1; Ga. L. 1987, p. 596, § 7; Ga. L. 1989, p. 1409, § 6; Ga. L. 1990, p. 576, § 4; Ga. L. 1993, p. 1030, § 7; Ga. L. 1994, p. 1391, § 1; Ga. L. 1996, p. 657, § 10.)

43-6-24.1. Liabilities of licensed auctioneer not relieved.

Nothing in this chapter shall relieve an auctioneer licensed in this state of all his or her liabilities under this chapter.

(Code 1981, §43-6-24.1, enacted by Ga. L. 1993, p. 1030, § 8.)

43-6-25. Penalty.

Any person or corporation acting as an auctioneer within the meaning of this chapter without a license and any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00, by imprisonment for a term not to exceed 90 days, or both.

(Code 1933, § 84-322A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 2014, p. 294, § 12/HB 1042.)

The 2014 amendment, effective July 1, 2014, deleted "or apprentice auctioneer" following "an auctioneer" near the beginning of this Code section.

RESEARCH REFERENCES

ALR.

- Injunction as available remedy against prosecution or arrest for conducting business or practicing profession without a license, 167 A.L.R. 915.

43-6-25.1. Local regulations and licensing.

Nothing in this chapter shall prohibit any lawful regulation or licensing of auctioneers by any municipality, county, or other political subdivision of this state; provided, however, that no such political subdivision shall license any auctioneer required to be licensed by this chapter unless such auctioneer has been approved for licensure by the commission as required in this chapter.

(Code 1981, §43-6-25.1, enacted by Ga. L. 1987, p. 596, § 8.)

43-6-26. Termination.

Repealed by Ga. L. 1992, p. 3137, § 6, effective July 1, 1992.

Editor's notes.

- This Code section was part of the original Code enactment (Ga. L. 1981, Ex. Sess., p. 8) and was amended by Ga. L. 1984, p. 438, § 1 and Ga. L. 1990, p. 576, § 5.

CHAPTER 7 BARBERS

Administrative Rules and Regulations.

- Organization, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Barbers, Chapter 70-1.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 88-401, 88-410, 88-411 as they read prior to revision of the chapter by Ga. L. 1973, p. 1450 are included in the annotations for this chapter.

Barber training as beautician may practice barbering outside class.

- Qualified barber is not prohibited from practicing that profession while training as a beautician in a beauty school; provided, however, that the practice is not conducted during hours of study. 1945-57 Op. Att'y Gen. p. 479 (decided under former Code 1933, §§ 84-401, 84-410, 84-411 as they read prior to revision of chapter by Ga. L. 1973, p. 1450).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 39 Am. Jur. 2d, Health, §§ 1 et seq., 26 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058. 16C C.J.S., Constitutional Law, § 890 et seq. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 39A C.J.S., Health and Environment, §§ 4 et seq., 41, 47, 61 et seq. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73A C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Constitutionality of statute regulating barbers, 20 A.L.R. 1111; 98 A.L.R. 1088.

Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.

Places and persons within purview of statute or ordinance regulating barbers, 59 A.L.R. 543.

Liability of barber, beauty shop or specialist, barber college, or school of beauty culture, for injury to patron, 14 A.L.R.2d 860; 93 A.L.R.3d 897, 81 A.L.R.4th 444.

43-7-1 through 43-7-27.

Reserved. Repealed by Ga. L. 2015, p. 1287, § 1/HB 314, effective July 1, 2015.

Editor's notes.

- Former Code Section 43-7-15 (Ga. L. 1971, p. 870, § 20; Ga. L. 1973, p. 1450, § 20; Ga. L. 1982, p. 1597, § 3), relating to requirements for student license, was repealed by Ga. L. 1992, p. 2765, § 3, effective May 4, 1992.

Former Code Section 43-7-22 (Ga. L. 1971, p. 870, § 22, and Ga. L. 1973, p. 1450, § 22), relating to temporary licenses, was repealed by Ga. L. 1986, p. 766, § 7, effective April 3, 1986.

Former Code Section 43-7-27 (Ga. L. 1982, p. 1597, §§ 1, 8; Ga. L. 1983, p. 3, § 32; Ga. L. 1986, p. 766, § 8; and Ga. L. 1992, p. 2765, § 5), relating to termination, was repealed by Ga. L. 1992, p. 3137, § 7, effective July 1, 1992.

This chapter was based on Ga. L. 1914, p. 75, §§ 3, 4, 6, 8, 13; Ga. L. 1914, p. 85, §§ 1, 5, 10, 12, 14; Ga. L. 1916, p. 75, § 3; Ga. L. 1931, p. 157, §§ 2, 4, 7, 9-12; Code 1933, § 84-401 - 84-405, 84-407, 84-408, 84-409, 84-410.1, 84-411, 84-412, 84-412.2, 84-418, 84-9904; Ga. L. 1937, p. 564, §§ 1, 2, 7; Ga. L. 1956, p. 316, §§ 1, 3, 4, 6, 7; Ga. L. 1963, p. 56, §§ 1, 3-5, 9, 11, 12, 15; Ga. L. 1965, p. 603, §§ 1-3, 7, 10-12, 17; Ga. L. 1966, p. 312, § 1; Ga. L. 1967, p. 474, § 1; Ga. L. 1968, p. 421, § 1; Ga. L. 1970, p. 453, § 1; Ga. L. 1971, p. 870, §§ 1-4, 6-9, 11-15, 17-19, 21, 23-25, 27-30; Ga. L. 1973, p. 1450, §§ 1-3, 5-9, 11-15, 17-19, 21, 23-25, 27-30; Ga. L. 1977, p. 223, § 2; Ga. L. 1980, p. 59, § 1; Ga. L. 1980, p. 530, §§ 1, 1.1, 4, 5, 6; Ga. L. 1982, p. 1597, §§ 2, 4-7; Ga. L. 1985, p. 1133, § 1; Ga. L. 1985, p. 1419, §§ 1-5; Ga. L. 1986, p. 766, §§ 1-6; Ga. L. 1988, p. 13, § 43; Ga. L. 1992, p. 2765, §§ 1, 2, 4; Ga. L. 1996, p. 1239, §§ 1-3; Ga. L. 2000, p. 1706, § 19; Ga. L. 2008, p. 335, § 7/SB 435; Ga. L. 2009, p. 453, § 1-5/HB 228; Ga. L. 2010, p. 266, §§ 14-16/SB 195; Ga. L. 2011, p. 705, § 6-4/HB 214; Ga. L. 2014, p. 391, § 1/SB 337.

CHAPTER 7A PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS

43-7A-1 through 43-7A-24.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, this chapter was redesignated as present Chapter 10A.

CHAPTER 8 OPERATORS OF BILLIARD ROOMS

Editor's notes.

- Ga. L. 1990, p. 1916, § 1, effective July 1, 1990, repealed the Code sections formerly codified as this chapter and enacted the current chapter. The former chapter consisted of Code sections 43-8-1 through 43-8-18. Former Chapter 8 was based on Ga. L. 1925, p. 286, §§ 1-17; Code 1933, §§ 84-1601 - 84-1617 and 84-9924 - 84-9926; Ga. L. 1953, Jan.-Feb. Sess., p. 66, § 1; Ga. L. 1956, p. 610, § 1; Ga. L. 1978, p. 1488, §§ 1-3; Ga. L. 1978, p. 1753, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 1985, p. 657, § 1; Ga. L. 1988, p. 1405, §§ 1-5.

JUDICIAL DECISIONS

Operation of billiard room falls within police power of state.

- Operation of a pool or billiard room for public entertainment is a business which, from its very nature, comes within the police power of the state. Such power may be exercised directly by the state or indirectly through medium of subordinate public corporations of the state. Shaver v. Martin, 166 Ga. 424, 143 S.E. 402 (1928).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-58, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Licensing and regulation of pool and billiard rooms and bowling alleys, 20 A.L.R. 1482, 29 A.L.R. 41, 53 A.L.R. 149, 72 A.L.R. 1339.

Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.

Liability for injury to patron of billiard or pool room, 15 A.L.R.3d 1420.

Zoning or licensing regulation prohibiting or restricting location of billiard rooms and bowling alleys, 100 A.L.R.3d 252.

43-8-1. Definitions.

As used in this chapter, the term:

  1. "Area of operation" means the unincorporated area of the county in the case of counties and the territory located within the corporate limits of the municipality in the case of municipalities.
  2. "Billiard room" means any public place where a person is permitted to play the game of billiards and for which a charge is made for use of equipment.
  3. "Billiards" means any of the several games played on a table surrounded by an elastic ledge of cushions with balls which are impelled by a cue and shall include all forms of the game known as "carom billiards," "pocket billiards," and "English billiards."
  4. "Governing authority" means the official or group or body of officials of a county or municipality authorized to exercise the legislative powers of the county or municipality.
  5. "Local government" means any county or municipality of this state.

(Code 1981, §43-8-1, enacted by Ga. L. 1990, p. 1916, § 1.)

JUDICIAL DECISIONS

Cited in Whalen v. Atlanta Billiard Club, Inc., 225 Ga. 434, 169 S.E.2d 304 (1969).

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Gambling, § 38.

ALR.

- Licensing and regulation of pool and billiard rooms and bowling alleys, 20 A.L.R. 1482, 29 A.L.R. 41, 53 A.L.R. 149, 72 A.L.R. 1339.

43-8-2. Local governing authority to license and regulate billiard rooms.

  1. Subject to the authorizations and limitations of this Code section, the governing authority of each local government in this state shall have the power by ordinance or resolution to license, regulate, and tax billiard rooms within its respective area of operation.
  2. If ordinances or resolutions of local governments regulating billiard rooms are adopted, such ordinances or resolutions shall be subject to the following conditions:
    1. A license fee shall be consistent with the cost of regulation of billiard rooms and business taxes assessed upon billiard rooms shall be established on the same basis as such taxes are imposed for similar types of businesses, provided that a license fee may be imposed on a billiard room which is operated as part of another business or activity licensed by a local government;
    2. An ordinance or resolution which prohibits the operation of billiard rooms during specified hours shall not apply to a business which includes a billiard room if the billiard room is not operated during the prohibited hours; provided, however, no ordinance or resolution controlling the hours of operation of billiard rooms shall prohibit their operation from 6:00 A.M. until 12:00 Midnight;
    3. Any ordinance or resolution which prohibits alcoholic beverages from being sold, served, or allowed to be used in or on the premises of billiard rooms or any place operated in connection therewith shall not apply if such premises or establishment is an establishment which is authorized to sell alcoholic beverages and derives at least 50 percent of its total annual gross revenues from the sale of products or services other than alcoholic beverages; provided, however, that if alcoholic beverages are sold by the drink for consumption on the premises of a billiard room, the governing authority of a local government may prohibit the sale, serving, or use of alcoholic beverages therein unless the establishment derives at least 75 percent of its revenue from the sale of products or services other than alcoholic beverages; and
    4. No local government may prohibit billiard rooms or the playing of billiards in any business which neither sells alcoholic beverages for consumption on the premises nor engages in package sales of such beverages nor allows alcoholic beverages to be consumed on the premises.
  3. Notwithstanding anything in this chapter to the contrary, municipal corporations and counties may impose reasonable regulations, suspension and revocation of licenses under the same standards that are applicable to other businesses licensed by the municipality or county.

(Code 1981, §43-8-2, enacted by Ga. L. 1990, p. 1916, § 1; Ga. L. 1994, p. 97, § 43.)

Editor's notes.

- Ga. L. 1990, p. 1916, § 2, not codified by the General Assembly, provides: "Unless specifically prohibited by the provisions of Chapter 8 of Title 43 as revised, reenacted, and set forth in Section 1 of this Act, existing regulations imposed upon billiard rooms by local ordinances or resolutions in existence on the effective date of this Act shall remain in effect." This Act became effective July 1, 1990.

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Entertainment and Sports Law, §§ 4 et seq., 27. 38 Am. Jur. 2d, Gambling, § 9.

C.J.S.

- 30A C.J.S., Entertainment and Amusement; Sports, §§ 11 et seq., 27.

ALR.

- Licensing and regulation of pool and billiard rooms and bowling alleys, 20 A.L.R. 1482, 29 A.L.R. 41, 53 A.L.R. 149, 72 A.L.R. 1339.

43-8-3. Applicability of chapter to billiard rooms operated by religious orders, charitable institutions, and clubs.

This chapter shall not apply to billiard tables or billiard rooms operated by private industrial concerns, Young Men's Christian Associations, religious orders, charitable institutions, state, county, or city institutions, fraternal orders, or bona fide clubs using such tables for members or employees only.

(Code 1981, §43-8-3, enacted by Ga. L. 1990, p. 1916, § 1.)

Editor's notes.

- Ga. L. 1990, p. 1916, § 2, not codified by the General Assembly, provides: "Unless specifically prohibited by the provisions of Chapter 8 of Title 43 as revised, reenacted, and set forth in Section 1 of this Act, existing regulations imposed upon billiard rooms by local ordinances or resolutions in existence on the effective date of this Act shall remain in effect." This Act became effective July 1, 1990.

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Entertainment and Sports Law, § 4.

CHAPTER 8A PROFESSIONAL BOXING

43-8A-1 through 43-8A-100.

Repealed by Ga. L. 2001, p. 752, § 2, effective July 1, 2001.

Editor's notes.

- This chapter consisted of Code Sections 43-8A-1 (Article 1), 43-8A-20 through 43-8A-25 (Article 2), 43-8A-40 through 43-8A-44 (Article 3), 43-8A-60 through 43-8A-63 (Article 4), 43-8A-80 through 43-8A-82 (Article 5), 43-8A-100 (Article 6), relating to professional boxing, and was based on Ga. L. 1998, p. 1052, § 2; Ga. L. 1999, p. 891, §§ 1 - 8; Ga. L. 2000, p. 136, § 43; Ga. L. 2000, p. 1706, § 19. For present comparable provisions, see Code Sections 43-4B-1 et seq.

CHAPTER 8B STATE BOARD OF CEMETERIANS

RESEARCH REFERENCES

Am. Jur. 2d.

- 14 Am. Jur. 2d, Cemeteries, § 1 et seq.

C.J.S.

- 14 C.J.S., Cemeteries, § 1 et seq.

43-8B-1. Short title.

This chapter shall be known and may be cited as the "Georgia Cemeterians Board Act."

(Code 1981, §43-8B-1, enacted by Ga. L. 2006, p. 1087, § 8/HB 910.)

43-8B-2. Definitions.

As used in this chapter, the term:

  1. "Board" means the State Board of Cemeterians established by this chapter.
  2. "Cemeterian" means a person registered as a cemetery owner pursuant to Chapter 14 of Title 10 or a cemetery manager.
  3. "Cemetery" means a cemetery as defined in Chapter 14 of Title 10.

(Code 1981, §43-8B-2, enacted by Ga. L. 2006, p. 1087, § 8/HB 910.)

43-8B-3. Declaration of purpose.

The practice of the profession of a cemeterian, as defined in this chapter, is declared to be a business or profession affecting the public interest and involving the health and safety of the public.

(Code 1981, §43-8B-3, enacted by Ga. L. 2006, p. 1087, § 8/HB 910.)

43-8B-4. Establishment of board.

There shall be established in the Office of the Secretary of State the State Board of Cemeterians to be constituted as provided in this chapter with the powers, duties, and authority vested in such board by this chapter.

(Code 1981, §43-8B-4, enacted by Ga. L. 2006, p. 1087, § 8/HB 910.)

43-8B-5. Number and terms of members; appointments; vacancies; removal.

  1. The board shall consist of six members who shall be practicing cemeterians with a minimum of five years of experience and one member who shall have no connection whatsoever with the cemetery profession but who shall have a recognized interest in consumer affairs and in consumer protection concerns.
  2. The members of the board shall be appointed by the Governor for terms of office of six years and all vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or resignation of a member, such appointment shall be for the remainder of the unexpired term of the member whose death or resignation caused the vacancy so filled.
  3. A majority of the members of the board may remove any member who misses three or more consecutive regular meetings of the board without a medical reason and may declare that position on the board to be vacant. A member so removed shall not be eligible for reappointment until the expiration of the term of office for which such person was serving. The Governor shall have the power to remove from office any member of the board for willful neglect of duty or for conviction of a crime involving moral turpitude.

(Code 1981, §43-8B-5, enacted by Ga. L. 2006, p. 1087, § 8/HB 910; Ga. L. 2007, p. 398, § 2/HB 391.)

43-8B-6. Election of president of board; meetings; reimbursement; inspectors.

  1. The board shall each year elect from its members a president whose term shall be one year and who shall serve during the period for which elected and until a successor shall be elected.
  2. The board shall meet at least yearly and more often as the proper and efficient discharge of its duties may require.
  3. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
  4. No inspector shall own, operate, or be employed by any cemetery or perform any services on behalf thereof.

(Code 1981, §43-8B-6, enacted by Ga. L. 2006, p. 1087, § 8/HB 910.)

43-8B-7. Powers and duties; rules and regulations; seal.

For the purpose of better protection of life and health the board is authorized:

  1. To fix and prescribe minimum standards of general appearance of cemeteries;
  2. To undertake such other duties and to exercise such other powers as may from time to time be prescribed by law;
  3. To adopt a common seal; and
  4. To make and promulgate rules and regulations not inconsistent with the laws of this state for the regulation of such board and pursuant to the provisions of Chapter 14 of Title 10. All rules and regulations of the Secretary of State promulgated pursuant to the authority of Chapter 14 of Title 10 and existing immediately prior to July 1, 2006, which are not inconsistent with this chapter shall continue in effect until repealed, amended, or otherwise changed by the board.

(Code 1981, §43-8B-7, enacted by Ga. L. 2006, p. 1087, § 8/HB 910.)

CHAPTER 9 CHIROPRACTORS

Cross references.

- Professional corporations generally, T. 14, C. 7.

Administrative Rules and Regulations.

- Organization, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Chiropractic Examiners, Chapter 100-1.

JUDICIAL DECISIONS

Cited in Glover v. Southern Bell Tel. & Tel. Co., 132 Ga. App. 74, 207 S.E.2d 584 (1974).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 39 Am. Jur. 2d, Health, §§ 1 et seq., 26 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

Chiropractic Malpractice Litigation, 78 Am. Jur. Trials 1.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 39A C.J.S., Health and Environment, §§ 4 et seq., 41, 47, 61 et seq. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50et seq. 73A C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.

Constitutionality of statute prescribing conditions of practicing medicine or surgery as affected by question of discrimination against particular school or method, 37 A.L.R. 680, 42 A.L.R. 1342, 54 A.L.R. 600.

Scope of practice of chiropractic, 16 A.L.R.4th 58.

Liability of chiropractors and other drugless practitioners for medical malpractice, 77 A.L.R.4th 273.

Physicians' and surgeons' liens, 39 A.L.R.5th 787.

43-9-1. Definitions.

As used in this chapter, the term:

  1. "Board" means the Georgia Board of Chiropractic Examiners.
  2. "Chiropractic" means the adjustment of the articulations of the human body, including ilium, sacrum, and coccyx, and the use of X-ray, provided that the X-ray shall not be used for therapeutical purposes. The term shall also mean that separate and distinct branch of the healing arts whose science and art utilize the inherent recuperative powers of the body and the relationship between the musculoskeletal structures and functions of the body, particularly of the spinal column and the nervous system, in the restoration and maintenance of health. Chiropractic is a learned profession which teaches that the relationship between structure and function in the human body is a significant health factor and that such relationships between the spinal column and the nervous system are most significant, since the normal transmission and expression of nerve energy are essential to the restoration and maintenance of health. However, the term shall not include the use of drugs or surgery. The adjustment referred to in this paragraph and subsection (b) of Code Section 43-9-16 may only be administered by a doctor of chiropractic authorized to do so by the provisions of this chapter; provided, however, that the provisions of this Code section shall not prevent any other health care provider from administering techniques authorized within their scope of practice.
  3. "Practice of chiropractic" shall also include peer review which is defined as the procedure by which chiropractors licensed in this state evaluate the quality and efficiency of services ordered or performed by other chiropractors, including but not limited to practice analysis, audit, claims review, underwriting assistance, utilization review, and compliance with applicable laws, rules, and regulations.
  4. "Subluxation" means a complex of functional or pathological articular changes that compromise neural integrity and general health. A subluxation is evaluated, diagnosed, and managed through the use of chiropractic procedures based on the best available rational and empirical evidence.

(Ga. L. 1921, p. 166, § 1; Code 1933, § 84-501; Ga. L. 1977, p. 232, § 1; Ga. L. 1997, p. 1533, § 1; Ga. L. 2007, p. 494, § 1/SB 102; Ga. L. 2011, p. 752, § 43/HB 142.)

Law reviews.

- For note on the chiropractor as an expert witness, see 15 Mercer L. Rev. 431 (1964).

JUDICIAL DECISIONS

Constitutionality.

- Although common merchants are allowed to sell nutritional substances to customers without a prescription, in that the substances do not require medical supervision for use and are not habit-forming, the Georgia Chiropractic Practices Act (O.C.G.A. § 43-9-1 et seq.) does not violate the equal protection clause because the statute prohibits chiropractors from prescribing or recommending such substances in the treatment of patients. Foster v. Georgia Bd. of Chiropractic Exmrs., 257 Ga. 409, 359 S.E.2d 877 (1987)(decided prior to the 1988 amendment of O.C.G.A. § 43-9-16, which added subsection (i)).

Prescribing or recommending nutritional substances.

- Since O.C.G.A. Ch. 9, T. 43 does not authorize chiropractors to prescribe or dispense vitamins, minerals, or nutritional substances, the prescription of such items for treatment of a patient's ailments constitutes the unauthorized practice of medicine in this state. Foster v. Georgia Bd. of Chiropractic Exmrs., 257 Ga. 409, 359 S.E.2d 877 (1987)(decided prior to the 1988 amendment of § 43-9-16, which added subsection (i)).

Chiropractors subject to malpractice provisions.

- Chiropractic profession must be treated equally with the professions of law and medicine for malpractice purposes. Phillips v. Cheek, 162 Ga. App. 728, 293 S.E.2d 22 (1982).

Massage is not authorized treatment.

- Because massage is not an authorized treatment modality under O.C.G.A. Ch. 9, T. 43, a contract for massage services was void and a chiropractor was not authorized to recover payment for rendering such services. Siegrist v. Iwuagwa, 229 Ga. App. 508, 494 S.E.2d 180 (1997), cert. denied, 525 U.S. 933, 119 S. Ct. 344, 142 L. Ed. 2d 284 (1998).

Cited in Caldwell v. Knight, 92 Ga. App. 747, 89 S.E.2d 900 (1955); Sandford v. Howard, 161 Ga. App. 495, 288 S.E.2d 739 (1982); Capes v. Bretz, 195 Ga. App. 467, 393 S.E.2d 702 (1990).

OPINIONS OF THE ATTORNEY GENERAL

Definition of "chiropractic" is not broad enough to bring it within definition of "practice of medicine." 1972 Op. Att'y Gen. No. U72-17.

Chiropractor may not give injection, draw blood, or perform surgery.

- Since there is no specific exemption found in this definition, practitioners of chiropractic would be practicing medicine if the chiropractors gave injections, withdrew blood, pierced the skin, or performed a surgical procedure. 1979 Op. Att'y Gen. No. 79-45.

Chiropractor may not administer medications.

- Nowhere in this definition is there any express or implied provision that practice of chiropractic permits administration of medications, injections, withdrawal of blood, or any surgical procedure; in fact, by the express terms of the definition, a licensed practitioner of chiropractic is not permitted to use drugs or surgery. 1979 Op. Att'y Gen. No. 79-45.

Chiropractor is not authorized to prescribe, dispense, or administer vitamins or minerals in the treatment of patients. 1984 Op. Att'y Gen. No. 84-53 (decided prior to 1988 amendment to O.C.G.A. § 43-9-16, which added subsection (i)).

Chiropractor may not pierce the skin.

- Procedures utilized for analytical, therapeutic, and diagnostic purposes which puncture the skin such as venipuncture, capillary puncture, and acupuncture are not authorized for use by chiropractors licensed in the State of Georgia since none of these procedures is utilized to make an adjustment of the articulation of the human body. 1984 Op. Att'y Gen. No. 84-53.

Chiropractor may not use colonic irrigations, electrical treatments, or vitamins.

- Licensed chiropractor in Georgia is not authorized to use colonic irrigations, electrical treatments (except X-ray), and vitamins in treatment of patients. 1945-47 Op. Att'y Gen. p. 488 (decided prior to 1986 and 1988 amendments to O.C.G.A. § 43-9-16, which added subsections (b) and (i), respectively; see also 1984 Op. Att'y Gen. 84-53).

Procedures for analytical, therapeutic, or diagnostic purposes such as colon lavage, barium enema, and colonic irrigation are not authorized for use by a chiropractor licensed in the State of Georgia since none of these procedures are utilized to make an adjustment of the articulation of the human body. 1984 Op. Att'y Gen. No. 84-53.

Limited use of electrical current.

- Procedures in which the equipment utilizes electrical current but the electrical current or its immediate by-product is not introduced into the body, such as intermittent traction, intersegmental traction, and vibrators, are authorized to the extent that the traction is used according to specific chiropractic methods. 1984 Op. Att'y Gen. No. 84-53.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61 Am. Jur. 2d, Physicians, Surgeons, and Other Healers, §§ 5, 13 et seq., 26 et seq., 44, 74 et seq., 121 et seq., 131 et seq.

C.J.S.

- 70 C.J.S., Physicians, Surgeons, and Other Health-Care Providers, §§ 4 et seq., 52 et seq., 71 et seq.

43-9-2. Creation of board; members; qualifications; residence requirements; terms.

  1. There is created and established a board to be known as the Georgia Board of Chiropractic Examiners. The board shall be composed of five practicing chiropractors who shall be appointed by the Governor with the approval of the Secretary of State and confirmation by the Senate. Such members shall be of good moral character, residents of the state, and graduates of chartered chiropractic schools or colleges requiring actual attendance in same and shall have practiced chiropractic continuously and resided in the state for a period of at least five years.
  2. The board shall, in addition to the five members provided for in subsection (a) of this Code section, consist of a sixth member who shall be appointed by the Governor from the public at large and who shall not be in any way connected to practicing chiropractic. The initial term for such member shall expire June 30, 1983; successors appointed on or after July 1, 1995, shall be appointed for a term of five years.
  3. On or after July 1, 1995, not more than one member of the board shall be appointed who resides in any one congressional district, with the exception of the member appointed from the public at large. Board members appointed on or after July 1, 1995, shall be appointed for terms of five years and may be appointed to serve for no more than two consecutive five-year terms in addition to any unexpired term of office that member may have filled.

(Ga. L. 1921, p. 166, § 2; Code 1933, § 84-502; Code 1933, § 84-503.1, enacted by Ga. L. 1980, p. 67, § 1; Ga. L. 1995, p. 983, § 1.)

43-9-3. Terms of office of board members; vacancies.

  1. The members of the board provided for in subsection (a) of Code Section 43-9-2 shall be so classified by the Governor that the terms of office of two shall expire in one year, two in two years, and one in three years from the date of appointment. Annually the Governor shall appoint, to fill vacancies in the five professional positions on the board, licensed practitioners who possess the qualifications specified in subsection (a) of Code Section 43-9-2 to serve for a period of five years.
  2. The Governor shall fill vacancies in the board caused by death or otherwise as soon as practicable. Such appointees shall serve for the unexpired term of the member whose vacancy is being filled. Before appointing the members of the board, the Governor shall satisfy himself that the appointees are of high character and standing and possess the other qualifications prescribed in this chapter.

(Ga. L. 1921, p. 166, § 3; Code 1933, § 84-503; Ga. L. 1995, p. 983, § 1.)

Law reviews.

- For comment on Rogers v. Medical Ass'n, 244 Ga. 151, 259 S.E.2d 85 (1979), invalidating Georgia statute requiring Governor's appointments to composite State Board of Medical Examiners (now Georgia Composite Medical Board) be made solely from nominees submitted by state medical society as an unconstitutional delegation of legislative authority to a private organization, see 29 Emory L.J. 1183 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Qualifications required of board members.

- All appointments by Governor, after original board, are controlled by qualifications contained in former Code 1933, § 84-502 (see now O.C.G.A. § 43-9-2), i.e., of good moral character, residents of state, and graduates of chartered chiropractic schools or colleges requiring actual attendance, and shall have practiced chiropractic continuously and resided in this state for a period of at least two years. 1950-51 Op. Att'y Gen. p. 346.

43-9-4. Meetings; seal; rules and regulations; election of officers; oath of office; certificate of appointment.

The board shall meet at such times as the board determines necessary for the performance of its duties. Called meetings shall be authorized at the discretion of the president. The board shall adopt a seal, which shall be affixed to all licenses issued and shall from time to time adopt such rules and regulations as it deems proper and necessary for the performance of its duties. The board shall elect annually a president and a vice president. Immediately before entering upon the duties of office, the members of the board shall take the constitutional oath of office and shall file the same in the office of the Governor, who, upon receiving the oath of office, shall issue a certificate of appointment to each member.

(Ga. L. 1921, p. 166, § 4; Code 1933, § 84-504; Ga. L. 1982, p. 2333, § 3; Ga. L. 1995, p. 983, § 1.)

Administrative Rules and Regulations.

- Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Board of Chiropractic Examiners, Chapter 100-1 et seq.

43-9-5. Reimbursement of board members.

The division director shall keep a true and accurate account of all funds received and all vouchers issued. The members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

(Ga. L. 1921, p. 166, § 12; Code 1933, § 84-505; Ga. L. 1975, p. 714, § 1; Ga. L. 2000, p. 1706, § 19.)

43-9-6. Removal of board members.

Upon sufficient proof to the Governor of the incompetency, inability, unprofessional conduct, misconduct, or such conduct as in the discretion of the Governor is unbecoming a member of the board, such member shall be dismissed by the Governor.

(Ga. L. 1921, p. 166, § 4; Code 1933, § 84-506.)

43-9-6.1. Scope of board's authority.

The board is authorized to:

  1. Adopt, amend, and repeal such rules and regulations not inconsistent with this chapter necessary for the proper administration and enforcement of said chapter;
  2. Examine, issue, renew, and reinstate the licenses of duly qualified applicants for licensure to practice chiropractic in this state;
  3. Deny, suspend, revoke, or otherwise sanction licenses to practice chiropractic in this state;
  4. Initiate investigations for the purpose of discovering violations of this chapter;
  5. Conduct hearings upon charges calling for the discipline of a licensee or on violations of this chapter;
  6. Issue to chiropractors, licensed under this chapter, certificates under the seal of the board evidencing such licensure and signed, either by hand or facsimile signature, by the president of the board and the division director; and
  7. Expunge or delete from the disciplinary record of any licensee advertising violations not defined in the rules of the board as immoral and unprofessional conduct or relating to reasonable care and skill in the treatment of a patient.

(Code 1981, §43-9-6.1, enacted by Ga. L. 1984, p. 913, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2005, p. 475, § 1/HB 266.)

43-9-7. Qualifications of applicants for license to practice chiropractic.

  1. Any person wishing to practice chiropractic in this state shall make application to the board through the division director in such form as may be adopted and directed by the board.
  2. The application shall recite the history of the applicant's educational qualifications, how long he or she has studied chiropractic, what collateral branches, if any, he or she has studied, and the length of time he or she has engaged in clinical practice, with proof thereof in the form of diplomas, certificates, and other information, and shall accompany the application with satisfactory evidence of good character and reputation.
  3. Each applicant shall provide with his or her application an application fee in an amount established by the board.
  4. Each applicant shall be of good moral character and shall be a graduate of a chiropractic school or college accredited by the Council on Chiropractic Education or a board approved successor or a chiropractic school or college which is actively seeking accreditation from the Council on Chiropractic Education or a board approved successor, which requires a four-year standard college course and is approved by the board.
  5. In addition to the requirements heretofore provided in this Code section, each applicant for examination shall have successfully concluded two years' general college training in schools or colleges approved by the Southern Association of Accredited Colleges and Universities or schools or colleges approved by virtue of reciprocity through such association. The board is authorized to promulgate rules and regulations regarding such requirements with respect to schools or colleges in foreign countries not approved by the Southern Association of Accredited Colleges and Universities.
  6. A student enrolled in the last academic year of a chiropractic school or college meeting the requirements of this chapter as set forth in subsection (d) of this Code section may, at the discretion of the board, take the examination as required in Code Section 43-9-8; provided, however, that such student has successfully completed all other requirements for application for licensure as established either by this chapter or by board rule. Such a student who successfully passes the examination shall not be eligible for licensure until all of the requirements of application for licensure established by this chapter or board rule are met.

(Ga. L. 1921, p. 166, § 5; Code 1933, § 84-507; Ga. L. 1939, p. 252, § 1; Ga. L. 1958, p. 6, § 1; Ga. L. 1975, p. 714, § 2; Ga. L. 1976, p. 1054, § 1; Ga. L. 1978, p. 2050, § 1; Ga. L. 1984, p. 913, § 2; Ga. L. 1986, p. 831, § 1; Ga. L. 1995, p. 983, § 2; Ga. L. 2000, p. 1706, § 19; Ga. L. 2010, p. 266, § 17/SB 195.)

Administrative Rules and Regulations.

- License requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Chiropractic Examiners, Chapter 100-2.

Approved chiropractic schools or colleges, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Chiropractic Examiners, Chapter 100-12.

JUDICIAL DECISIONS

Standard college course means four nine-month terms.

- Words, "four-year standard college course," as those words were used in subsection (d) of this section, meant four-year college course of nine months each. Moore v. Robinson, 206 Ga. 27, 55 S.E.2d 711 (1949).

Legislature presumed to have known definition of standard college course.

- Standard college course in chiropractic education means a course, given by a college teaching that science, for a regular scholastic year for nine months; and it is not unreasonable to presume that the legislature had these facts before the legislature when this language of subsection (d) of this section was enacted. Moore v. Robinson, 206 Ga. 27, 55 S.E.2d 711 (1949) (see O.C.G.A. § 43-9-7).

Board cannot admit comity candidate failing to meet educational requirements.

- Board is properly enjoined from admitting by comity applicants for a license to practice chiropractic in this state who do not possess required educational qualifications of being a graduate of a chartered chiropractic school or college which requires a four-year standard college course of nine months each. Rose v. Grow, 210 Ga. 664, 82 S.E.2d 222 (1954) (decided prior to 1984 amendment).

OPINIONS OF THE ATTORNEY GENERAL

Applicant must have studied four nine-month terms at chiropractic college.

- Applicant for examination and license to practice chiropractic must be a graduate of a chartered chiropractic school or college which requires a four-year course of nine months each. 1945-47 Op. Att'y Gen. p. 487; 1948-49 Op. Att'y Gen. p. 318; 1954-56 Op. Att'y Gen. p. 539 (decided prior to 1984 amendment).

Whether school or college awards credits for performance on college level examination program is irrelevant to the board's determination that the applicant has satisfied the requirement of successful completion of two years of general college training in an approved school. 1980 Op. Att'y Gen. No. 80-81.

Board may not waive requirements of statute.

- Before any person can become an applicant for chiropractic examinations, it is necessary that the person comply with this statute and the board is without authority to give examination to such person before the applicant complied with the statute. 1950-51 Op. Att'y Gen. p. 140.

Board determines if course content acceptable.

- Since there is no such thing as a standard course of four years, nine months each year, to be found in field of chiropractic education, it follows that the criteria for any particular course in chiropractic must be adjudged by the board of examiners. 1948-49 Op. Att'y Gen. p. 318.

RESEARCH REFERENCES

ALR.

- Constitutionality of statute prescribing conditions of practicing medicine or surgery as affected by question of discrimination against particular school or method, 54 A.L.R. 600.

Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

43-9-7.1. Temporary licenses.

The board may, at its discretion, issue a temporary license without examination to an applicant who is a holder of a valid license in good standing in another state which was obtained by examination. Such a temporary license shall be issued under the following provisions:

  1. The temporary license shall be valid for a maximum of 12 months from the date of issuance but shall automatically expire within the 12 month period when the temporary license holder:
    1. Is granted a regular license; or
    2. Does not take and pass the next available examination following the grant of such temporary license, in which event the license expires upon the notification of the results of that examination; and
  2. The practice of chiropractic pursuant to the temporary license shall only be performed under the supervision and direction of a board approved licensed doctor of chiropractic. The holder of a temporary license shall be subject to all of the laws and rules of this state pertaining to the practice of chiropractic. The granting of a temporary license shall not be prima-facie evidence that the holder meets minimum basic requirements for examination by the board or for the issuance of a regular license.

(Code 1981, §43-9-7.1, enacted by Ga. L. 1995, p. 983, § 3.)

43-9-7.2. Persons excepted from application of chapter.

Nothing in this chapter shall be construed as preventing or prohibiting the practice, services, or activities of:

  1. Any person pursuing a course of study leading to a doctor of chiropractic degree, postgraduate training, or training as a chiropractic assistant, which is approved by the board as provided for in this chapter, if such person is designated by a title indicating student status, is fulfilling clinical training requirements for the attainment of a degree or certificate, and is under the supervision of a chiropractor licensed under this chapter and approved by the board;
  2. Any person licensed to practice chiropractic in this or another state who is employed as a professor or instructor by a chiropractic school or college located in this state or who is enrolled in or teaching a course of study designed to develop chiropractic clinical skills when chiropractic activities are required as part of an educational program sponsored by a chiropractic school or college, as provided for in Code Section 43-9-7, or other educational program as may be approved by the board. Such practice shall be conducted under the supervision of a licensed chiropractor approved by the board. No such person shall be authorized to provide chiropractic services outside of the scope of the educational program and setting, nor shall such a person perform, or supervise the performance of, any chiropractic service provided on a fee-for-service basis without having first obtained a license in accordance with this chapter. The board shall have the authority to promulgate rules relative to such practice;
  3. A chiropractor licensed in good standing in any other state, territory, or other jurisdiction of the United States or of any other nation or foreign jurisdiction if that person is employed or designated in their professional capacity by a sports or performing arts entity visiting the state for a specific sports or performing arts event subject to the following restrictions:
    1. A chiropractor's practice under this paragraph is limited to the members, coaches, and staff of the team or event for which that chiropractor is employed or designated, and such practice shall only occur at the designated venue of the event; and
    2. Any chiropractor practicing under the authority of this paragraph may utilize only those practices and procedures authorized by this chapter and approved by board rule; and
  4. Nothing in this chapter shall prohibit any person from assisting a duly licensed chiropractor in the practices and procedures so authorized by this chapter, excluding the adjustment of the articulations of the human body, provided such person is under the direct order and supervision of a duly licensed doctor of chiropractic who is physically present in the facility or office.

(Code 1981, §43-9-7.2, enacted by Ga. L. 1995, p. 983, § 3.)

Administrative Rules and Regulations.

- Travel to treat; visiting practice, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Chiropractic Examiners, Chapter 100-13.

43-9-8. Examination.

All applicants for licenses shall take an examination approved by the board.

(Ga. L. 1921, p. 166, § 6; Code 1933, § 84-508; Ga. L. 1939, p. 252, § 2; Ga. L. 1971, p. 455, § 1; Ga. L. 1976, p. 1054, § 2; Ga. L. 1982, p. 3, § 43; Ga. L. 1984, p. 913, § 3.)

Administrative Rules and Regulations.

- Examinations, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Chiropractic Examiners, Chapter 100-3.

Law reviews.

- For note on the chiropractor as an expert witness, see 15 Mercer L. Rev. 431 (1964).

RESEARCH REFERENCES

ALR.

- Constitutionality of statute prescribing conditions of practicing medicine or surgery as affected by question of discrimination against particular school or method, 54 A.L.R. 600.

43-9-9. Reciprocity.

Persons licensed to practice chiropractic under the laws of any other state having requirements equal to those of this chapter may, in the discretion of the board, be issued a license to practice chiropractic in this state without written examination upon the payment of a fee in an amount established by the board.

(Ga. L. 1921, p. 166, § 14; Code 1933, § 84-510; Ga. L. 1975, p. 714, § 3; Ga. L. 1984, p. 913, § 4.)

Cross references.

- Cooperation between Georgia and other states generally, T. 28, C. 6.

JUDICIAL DECISIONS

Board may admit practitioners from other states with equal requirements.

- State board may, in the board's discretion, admit by comity any person licensed to practice chiropractic under laws of another state having requirements equal to those required in this state. Moore v. Robinson, 206 Ga. 27, 55 S.E.2d 711 (1949).

Admission by comity discretionary.

- Board may, in the board's discretion, admit by comity nonresident applicants who qualify under chiropractic provisions, and the board's discretion will be controlled only when abused. Moore v. Robinson, 206 Ga. 27, 55 S.E.2d 711 (1949).

Board cannot admit by comity applicant failing to meet educational requirements.

- Board was properly enjoined from admitting by comity applicants for a license to practice chiropractic in this state who did not possess the required educational qualifications of being a graduate of a chartered chiropractic school or college which requires a four-year standard college course of nine months each. Rose v. Grow, 210 Ga. 664, 82 S.E.2d 222 (1954) (decided prior to 1984 amendment of O.C.G.A. § 43-9-7).

OPINIONS OF THE ATTORNEY GENERAL

Applicant's qualifications, rather than requirements of licensing state of origin, must equal those of this state before such persons may be issued a license to practice chiropractic in this state without taking an examination. 1969 Op. Att'y Gen. No. 69-192.

Criteria is sister state law in force at time of application for reciprocity license.

- General Assembly intended by equality of laws provision to use as criteria those laws in sister states existing and in force at time of submission of application to Georgia board for reciprocity licensing. It was not intended to require each person seeking reciprocity licensing to have received a license under a law equal to the Georgia law, but rather that requirement of equality would be satisfied if present equal law in sister state recognizes and accepts such licenses previously issued under other, unequal laws in foreign state. 1948-49 Op. Att'y Gen. p. 321.

Board's discretion limited only as to equality of laws.

- General Assembly intended to limit the board acting within the board's discretionary authority as to comity only to extent that necessary element of equality of laws be present. 1948-49 Op. Att'y Gen. p. 321.

Authority permissive rather than mandatory.

- Statute authorized the board, under rules of comity or general reciprocity, to issue licenses without examination to those persons licensed to practice chiropractic in other states having requirements equal to those of the Georgia laws; this statutory authority does not make it mandatory upon board to admit any person from any state under rules of comity and reciprocity. 1948-49 Op. Att'y Gen. p. 321.

RESEARCH REFERENCES

ALR.

- Judicial review of decision upon application for license to practice within state by physician or surgeon from another state or country, 136 A.L.R. 742.

43-9-10. Recordation of licenses.

Reserved. Repealed by Ga. L. 1984, p. 913, § 5, effective July 1, 1984.

Editor's notes.

- This Code section was based on Ga. L. 1921, p. 166, § 11; Code 1933, § 84-511.

43-9-10.1. Display of license; notification of address change.

Every person licensed under this chapter shall:

  1. Display such license in a conspicuous place in such person's principal place of business; and
  2. Notify the board of any change of business or residence address.

(Code 1981, §43-9-10.1, enacted by Ga. L. 1982, p. 2333, § 4; Ga. L. 1984, p. 913, § 6.)

43-9-11. Biennial renewal of licenses; continuing education requirement.

Every person who receives or has received a license to practice chiropractic from the board shall pay the board on or before the renewal date a fee in an amount established by the board, payment of which shall renew his or her license to practice chiropractic for the ensuing two years, provided that the board has satisfactory evidence that the applicant for renewal has completed a minimum of 20 hours of continuing education per year as approved by the board. All chiropractic colleges teaching an approved course of instruction shall be classified as approved.

(Ga. L. 1939, p. 252, § 3; Ga. L. 1971, p. 260, § 1; Ga. L. 1975, p. 714, § 5; Ga. L. 1984, p. 913, § 7; Ga. L. 1998, p. 1204, § 1.)

Administrative Rules and Regulations.

- Continuing education, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Chiropractic Examiners, Chapter 100-5.

43-9-12. Refusal, suspension, or revocation of licenses; subpoenas; other discipline; judicial review; reinstatement; voluntary surrender of license; injunctions; statement of complaint.

  1. The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has:
    1. Failed to demonstrate the qualifications or standards for a license contained in this chapter or the rules or regulations promulgated under this chapter; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires;
    2. Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of chiropractic or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board;
    3. Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this subsection, the term "felony" shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term "conviction" shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
    4. Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
      1. A plea of nolo contendere was entered to the charge;
      2. First offender treatment without adjudication of guilt pursuant to the charge was granted; or
      3. An adjudication or sentence was otherwise withheld or not entered on the charge.

        The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;

    5. Had his license to practice chiropractic revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings, or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;
    6. Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice chiropractic, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of chiropractic but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of chiropractic;
    7. Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to practice chiropractic or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
    8. Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which statute, law, or rule or regulation relates to or in part regulates the practice of chiropractic when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement;
    9. Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect;
    10. Displayed an inability to practice chiropractic with reasonable skill and safety to the public or has become unable to practice chiropractic with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material; or
      1. Become unable to practice chiropractic with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition.
      2. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by licensed health care providers designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing chiropractic in this state or who shall file an application for a license to practice chiropractic in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing chiropractic under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of chiropractic with reasonable skill and safety to patients.
      3. For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing chiropractic in this state or who shall file an application to practice chiropractic in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitutes a privileged communication.
      4. If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (B) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (C) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding.
  2. The provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," with respect to emergency action and summary suspension of a license are adopted and incorporated by reference into this Code section.
  3. For purposes of this Code section, the board may obtain, through subpoena by the division director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board.
  4. When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or pursuant to any other provision of this chapter, the board may take any one or more of the following actions:
    1. Refuse to grant or renew a license to an applicant;
    2. Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;
    3. Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
    4. Limit or restrict any license as the board deems necessary for the protection of the public;
    5. Revoke any license;
    6. Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; or
    7. Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the practice of chiropractic.
  5. In addition to and in conjunction with the actions described in subsection (d) of this Code section, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
  6. Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board.
  7. In its discretion, the board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section or the laws relating to chiropractic.
  8. Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; notice and hearing within the meaning of said chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he so requests.
  9. The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board. The board may restore and reissue a license to practice chiropractic and, as a condition thereof, may impose any disciplinary sanction provided by this chapter.
  10. The board, the division director, or the appropriate prosecuting attorney may bring an action to enjoin the unlicensed practice of chiropractic by any person. The action to restrain and enjoin such unlicensed practice shall be brought in the superior court of the county where the unlicensed person resides. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction under this Code section.
  11. Notwithstanding the provisions of paragraph (2) of subsection (h) of Code Section 43-1-19, if a chiropractor is the subject of a board investigation initiated as the result of a complaint or report to the board, a copy of a summary of the complaint or report shall be furnished to the chiropractor as soon as practicable after the investigation is initiated but in any event prior to or at the same time as the delivery of a subpoena for the production of documents. If a chiropractor is the subject of an investigation initiated by the board on its own initiative, a written statement of the acts or omissions being investigated shall be furnished to the chiropractor as soon as practicable after the investigation is initiated but in any event prior to or at the same time as the delivery of a subpoena for the production of documents. The board may delay providing the chiropractor with a copy of the summary or statement if the board determines that the nature of the investigation requires that its existence not be disclosed to the chiropractor but in no event shall such summary or statement be provided later than the delivery of a subpoena for the production of documents to the chiropractor. Nothing in this Code section shall be construed to limit the authority of the board to pursue violations of the board's laws and rules and regulations discovered during the course of an investigation.

(Ga. L. 1921, p. 166, § 9; Code 1933, § 84-512; Ga. L. 1981, p. 690, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 1984, p. 913, § 8; Ga. L. 1992, p. 6, § 43; Ga. L. 1994, p. 97, § 43; Ga. L. 2000, p. 556, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2005, p. 475, § 2/HB 266; Ga. L. 2011, p. 99, § 66/HB 24.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, a period was substituted for a semicolon at the end of subsection (h).

Pursuant to Code Section 28-9-5, in 2000, in the last sentence of subsection (k), "section" was substituted for "Section", "board" was substituted for "Board", and "board's" was substituted for "Board's".

Pursuant to Code Section 28-9-5, in 2005, former paragraph (a)(11) was redesignated as present subparagraph (a)(11)(A), former subparagraphs (a)(11)(A) through (a)(11)(C) were redesignated as present subparagraphs (a)(11)(B) through (a)(11)(D), respectively; in subparagraph (a)(11)(A), a period was substituted for a colon at the end; in subparagraph (a)(11)(B), a period was substituted for a semicolon at the end; in subparagraph (a)(11)(C), a period was substituted for "; and" at the end; and, in subparagraph (a)(11)(D), "subparagraph (B)" was substituted for "subparagraph (A)" and "subparagraph (C)" was substituted for "subparagraph (B)".

Editor's notes.

- Ga. L. 2000, p. 556, § 2, not codified by the General Assembly, provides that subsection (k) is applicable to all investigations initiated on or after July 1, 2000.

Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews.

- For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

JUDICIAL DECISIONS

Employing display type advertising to advertise free x-rays not ground for revocation of license. Georgia Bd. of Chiropractic Exmrs. v. Ball, 224 Ga. 85, 160 S.E.2d 340 (1968) (decided prior to 1984 amendment).

Holder of valid license may enjoin revocation without notice and hearing.

- Holder of valid license which has been properly issued may enjoin its revocation and interference with the holder's lawful business thereunder in absence of notice and hearing. Rose v. Grow, 210 Ga. 664, 82 S.E.2d 222 (1954) (decided prior to 1984 amendment).

Cited in Foster v. Georgia Bd. of Chiropractic Exmrs., 257 Ga. 409, 359 S.E.2d 877 (1987).

RESEARCH REFERENCES

ALR.

- Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.

Pretrial discovery in disciplinary proceedings against physician, 28 A.L.R.3d 1440.

Criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under Medicaid, Medicare, or similar welfare program for providing medical service, 50 A.L.R.3d 549.

Practices forbidden by state deceptive trade practice and consumer protection acts, 89 A.L.R.3d 449.

Physician's or other healer's conduct, or conviction of offense not directly related to medical practice, as ground for disciplinary action, 34 A.L.R.4th 609.

Improper or immoral sexually related conduct toward patient as ground for disciplinary action against physician, dentist, or other licensed healer, 59 A.L.R.4th 1104.

Filing of false insurance claims for medical services as ground for disciplinary action against dentist, physician, or other medical practitioner, 70 A.L.R.4th 132.

43-9-12.1. Reasonable care and skill; referrals.

The doctor of chiropractic must bring to the exercise of that person's profession a reasonable degree of care and skill, which shall include the determination of the need for chiropractic care, as defined in paragraph (2) of Code Section 43-9-1, and shall render treatment, referral to the appropriate health care provider, or both treatment and referral commensurate with that chiropractor's findings. Any failure to refer to the appropriate health care provider may subject the doctor of chiropractic to the provisions of Code Section 43-9-12. Nothing in this Code section shall be deemed to expand or limit the chiropractic scope of practice.

(Code 1981, §43-9-12.1, enacted by Ga. L. 1997, p. 910, § 1.)

JUDICIAL DECISIONS

Referral to a medical group was outside the scope of chiropractic practice.

- Chiropractor's referral of a patient to a medical group technician for procedures outside the scope of chiropractic practice, without prior approval by or consultation with a medical doctor, constituted a medical decision outside the scope of chiropractic practice. Colvard v. Mosley, 270 Ga. App. 106, 605 S.E.2d 838 (2004).

OPINIONS OF THE ATTORNEY GENERAL

Referral of patients for X-rays authorized.

- Chiropractor can refer a patient for X-rays or magnetic resonance imaging if the referral is needed to determine appropriate chiropractic care or for treatment for or evaluation of conditions which are outside the scope of practice of the chiropractor; this opinion supersedes 1993 Op. Att'y Gen. No. 93-11. 2006 Op. Att'y Gen. No. U2006-1.

43-9-13. Hearing before board when license refused or revoked.

Upon written presentation to the board of any of the grounds enumerated in Code Section 43-9-12 for revoking or refusing a license, the board shall conduct a hearing in conformance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(Ga. L. 1921, p. 166, § 9; Code 1933, § 84-513.)

JUDICIAL DECISIONS

Holder of valid license may enjoin revocation without notice and hearing.

- Holder of valid license which has been properly issued may enjoin the license's revocation and interference with the holder's lawful business thereunder in absence of a notice and hearing. Rose v. Grow, 210 Ga. 664, 82 S.E.2d 222 (1954).

43-9-14. Record of license revocation.

Reserved. Repealed by Ga. L. 2010, p. 266, § 18/SB 195, effective May 20, 2010.

Editor's notes.

- This Code section was based on Ga. L. 1921, p. 166, § 9; Code 1933, § 84-518; Ga. L. 2000, p. 1706, § 19.

43-9-15. Reissuance of licenses.

The board may, within such period as is established by the division director following the refusal or revocation or cancellation of registration under this chapter, by a majority vote, issue a new license or grant a license to the person affected, restoring him to or conferring upon him all the rights and privileges of and pertaining to the practice of chiropractic, as defined and regulated by this chapter, upon the applicant or licensee showing good moral character and possessing the qualifications required under the terms of this chapter. Any person to whom such registration may have been restored shall pay to the division director an amount established by the board upon the issuance of a new license.

(Ga. L. 1921, p. 166, § 10; Code 1933, § 84-519; Ga. L. 1975, p. 714, § 4; Ga. L. 2000, p. 1706, § 19.)

43-9-16. Scope of practice; injury from want of reasonable degree of care is a tort.

  1. Chiropractors who have complied with this chapter shall have the right to practice chiropractic as defined in paragraph (2) of Code Section 43-9-1 and to evaluate, diagnose, and adjust patients according to specific chiropractic methods in order to correct spinal subluxations or to adjust the articulations of the human body. Chiropractors shall observe all applicable public health regulations.
  2. The chiropractic adjustment of the spine or articulations of the human body may include manual adjustments and adjustments by means of electrical and mechanical devices which produce traction or vibration. Chiropractors who have complied with this chapter may also use modalities. Modalities include any physical agent applied to produce therapeutic change to biologic tissues including thermal, acoustic, noninvasive light, mechanical, or electric energy, hot or cold packs, ultrasound, galvanism, microwave, diathermy, and electrical stimulation. Chiropractors who have complied with this chapter may utilize and recommend therapeutic procedures effecting change through the application of clinical skills and services that attempt to improve function, including therapeutic exercise, therapeutic activities, manual therapy techniques, massage, and structural supports as they relate to the articulations of the human body; provided, however, that the same shall not be construed to allow chiropractors to treat patients outside the scope of practice of chiropractic as set forth in this chapter.
  3. Chiropractors who have complied with this chapter may utilize those modalities and procedures described in subsection (b) of this Code section, provided the chiropractor shall have completed a course of study containing a minimum of 120 hours of instruction in the proper utilization of those procedures in accordance with the guidelines set forth by the Council on Chiropractic Education or its successor and is qualified and so certified in that proper utilization.
  4. Chiropractors who have complied with this chapter shall have the right to sign health certificates, reporting to the proper health officers the same as other practitioners.
  5. Chiropractors shall not prescribe or administer medicine to patients, perform surgery, or practice obstetrics or osteopathy.
  6. Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or any other technique which is invasive of the human body either by penetrating the skin or through any of the orifices of the body or through the use of colonics. Nothing in this subsection shall be construed to prohibit a chiropractor who is licensed to perform acupuncture under Article 3 of Chapter 34 of this title from engaging in the practice of acupuncture.
  7. A person professing to practice chiropractic for compensation must bring to the exercise of that person's profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had. If a chiropractor performs upon a patient any act authorized to be so performed under this chapter but which act also constitutes a standard procedure of the practice of medicine, including but not limited to the use of modalities such as those described in subsection (b) of this Code section and X-rays, under similar circumstances the chiropractor shall be held to the same standard of care as would licensed doctors of medicine who are qualified to and who actually perform those acts under similar conditions and like circumstances.
  8. A licensed practitioner of chiropractic may use only the title "chiropractor," or "doctor of chiropractic," or "D.C."
  9. Chiropractors who have complied with this chapter may recommend the use of nutritional and dietary supplements. Any such recommendation of nutritional and dietary supplements shall not be construed to allow chiropractors to treat patients outside the scope of the practice of chiropractic as set forth in this chapter nor shall this subsection be construed to allow chiropractors to sell at a profit any such nutritional and dietary supplements without providing their generic name. Nothing in this subsection shall preclude compliance with Chapter 8 of Title 48, relating to the collection of sales and use taxes.

(Ga. L. 1921, p. 166, § 7; Code 1933, § 84-509; Ga. L. 1977, p. 232, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 1986, p. 1534, § 1; Ga. L. 1988, p. 485, § 1; Ga. L. 1989, p. 460, § 1; Ga. L. 1993, p. 1719, § 1; Ga. L. 2000, p. 538, § 1.1; Ga. L. 2007, p. 494, § 1/SB 102; Ga. L. 2008, p. 324, § 43/SB 455.)

Cross references.

- Recovery for medical malpractice generally, § 51-1-27.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, "subsection (b) of this Code section" was substituted for "43-9-16(b)" in subsection (c).

Law reviews.

- For note on the chiropractor as an expert witness, see 15 Mercer L. Rev. 431 (1964).

JUDICIAL DECISIONS

Prescribing nutritional substances.

- Since O.C.G.A. Ch. 9, T. 43 does not authorize chiropractors to prescribe or dispense vitamins, minerals, or nutritional substances, the prescription of such items for the treatment of a patient's ailments constitutes the unauthorized practice of medicine in this state. Foster v. Georgia Bd. of Chiropractic Exmrs., 257 Ga. 409, 359 S.E.2d 877 (1987) (decided prior to 1988 amendment, which added subsection (i)).

Effect of 1993 amendment.

- O.C.G.A. § 43-9-16, as amended in 1993, applied to make an insurer responsible for paying the costs of devices prescribed by a chiropractor because, even though the amendment was not in effect at the time the insurer denied the claim, application thereof did not impair any vested rights of the insurer. Haezebrouck v. State Farm Mut. Auto. Ins. Co., 216 Ga. App. 809, 455 S.E.2d 842 (1995).

Medical tests conducted from chiropractor's referral not within the scope of practice.

- Diagnostic tests and procedures performed on a patient, consisting of diagnostic ultrasound spinal sonograph, dermatomal somatosensory evoked potential - upper extremity, upper dermatomal somatosensory evoked potential and motor/sensory nerve conduction studies with F-wave and H-reflex studies, were not within the scope of chiropractic practice as defined in O.C.G.A. § 43-9-1(2) and as set forth in O.C.G.A. § 43-9-16; the patient could not show these medical expenses accrued from a chiropractor's referral and were necessary for the treatment of the patient's injuries. Colvard v. Mosley, 270 Ga. App. 106, 605 S.E.2d 838 (2004).

Massage is not authorized treatment.

- Because massage is not an authorized treatment modality under O.C.G.A. Ch. 9, T. 43, a contract for massage services was void and a chiropractor was not authorized to recover payment for rendering such services. Siegrist v. Iwuagwa, 229 Ga. App. 508, 494 S.E.2d 180 (1997), cert. denied, 525 U.S. 933, 119 S. Ct. 344, 142 L. Ed. 2d 284 (1998).

Cited in Georgia Ass'n of Osteopathic Physicians & Surgeons, Inc. v. Allen, 31 F. Supp. 206 (M.D. Ga. 1940); Caldwell v. Knight, 92 Ga. App. 747, 89 S.E.2d 900 (1955); Capes v. Bretz, 195 Ga. App. 467, 393 S.E.2d 702 (1990); College Park Cabs, Inc. v. Justus, 227 Ga. App. 66, 488 S.E.2d 88 (1997).

OPINIONS OF THE ATTORNEY GENERAL

Chiropractic not within "practice of medicine".

- Definition of "chiropractic" is not broad enough to bring chiropractic within definition of "practice of medicine." 1972 Op. Att'y Gen. No. U72-17.

Scope of practice.

- Using, recommending, and offering for sale hot and cold packs, and nonprescription over-the-counter structural supports commonly available through retail pharmacies is within the scope of practice of chiropractors. 1995 Op. Att'y Gen. No. 95-8.

Practitioners of chiropractic cannot give injections, withdraw blood, or pierce the skin for any diagnostic or operative procedure, or perform surgical procedures. 1979 Op. Att'y Gen. No. 79-45.

Practice of chiropractic does not permit administration of medications. 1979 Op. Att'y Gen. No. 79-45.

Chiropractor cannot use colonic irrigations, electrical treatments (except X-ray), and vitamins in treatment of patients. 1945-47 Op. Att'y Gen. p. 488 (decided prior to 1986 and 1988 amendments, which added subsections (b) and (i), respectively; see also 1984 Op. Att'y Gen. 84-53).

Chiropractor may not sign death certificates.

- Portion of former Code 1933, § 84-509 which purported to authorize signing of death certificates by chiropractors has been repealed by implication. 1971 Op. Att'y Gen. No. 71-94; 1971 Op. Att'y Gen. No. U71-60.

RESEARCH REFERENCES

ALR.

- Constitutionality of statute prescribing conditions of practicing medicine or surgery as affected by question of discrimination against particular school or method, 54 A.L.R. 600.

Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

Limitation on right of chiropractors and osteopathic physicians to participate in public medical welfare programs, 8 A.L.R.4th 1056.

Medical malpractice in connection with diagnosis, care, or treatment of diabetes, 43 A.L.R.5th 87.

43-9-17. Scope of practice of chiropractic students.

Nothing in this chapter shall be construed to prohibit the performance of any chiropractic task by a student enrolled in an approved chiropractic college when such student has successfully completed at least one academic year of schooling therein and when such task is performed under the supervision and direction of an authorized instructor duly licensed to practice chiropractic in this state.

(Ga. L. 1976, p. 1054, § 3.)

Law reviews.

- For note on the chiropractor as an expert witness, see 15 Mercer L. Rev. 431 (1964).

JUDICIAL DECISIONS

Cited in Georgia Ass'n of Osteopathic Physicians & Surgeons, Inc. v. Allen, 31 F. Supp. 206 (M.D. Ga. 1940); Caldwell v. Knight, 92 Ga. App. 747, 89 S.E.2d 900 (1955).

OPINIONS OF THE ATTORNEY GENERAL

O.C.G.A. § 43-9-17 is plain and unambiguous; to read into the statutory language an additional limitation that qualified students may only perform chiropractic tasks on the premises of the chiropractic college would violate the principal of statutory construction that an unambiguous statute must be construed according to the statute's terms. 1981 Op. Att'y Gen. No. 81-26.

O.C.G.A. § 43-9-17 does not prohibit qualified students from performing chiropractic tasks under the supervision of an authorized instructor at a location other than the premises of the chiropractic college in which the student is enrolled. 1981 Op. Att'y Gen. No. 81-26.

RESEARCH REFERENCES

ALR.

- Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

Limitation on right of chiropractors and osteopathic physicians to participate in public medical welfare programs, 8 A.L.R.4th 1056.

43-9-18. Provision of chiropractic services limited to doctors of chiropractic; construction of chapter.

  1. No person other than a doctor of chiropractic may render chiropractic services or chiropractic adjustments.
  2. Notwithstanding subsection (a) of this Code section, nothing in this chapter shall be construed to:
    1. Prohibit any other licensed health care professional from practicing within the scope of that person's license; or
    2. Permit any person not licensed or authorized under this chapter to engage in the practice of chiropractic.

(Ga. L. 1921, p. 166, § 15; Code 1933, § 84-520; Ga. L. 1995, p. 983, § 4; Ga. L. 2011, p. 561, § 1/SB 135.)

43-9-19. Penalty.

It shall be unlawful for any person to practice chiropractic unless that person shall have first obtained a license as provided in this chapter and possesses all the qualifications prescribed by the terms of this chapter. Any person who practices or attempts to practice chiropractic without a license, or who buys or fraudulently obtains a license to practice chiropractic, or who violates any of the terms of this chapter, or who uses the title "doctor of chiropractic," "chiropractor," "chiropractic," "D.C.," or any word or title to induce the belief that such a person is engaged in the practice of chiropractic, without first complying with this chapter, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00, or by imprisonment for not less than two nor more than five years, or both, at the discretion of the court. All subsequent offenses shall be separate and distinct offenses, and punishable in like manner.

(Ga. L. 1921, p. 166, § 15; Code 1933, § 84-9905; Ga. L. 1995, p. 983, § 5; Ga. L. 2007, p. 494, § 1/SB 102.)

Cross references.

- False or fraudulent advertising, § 10-1-420 et seq.

RESEARCH REFERENCES

ALR.

- Practicing medicine, surgery, dentistry, optometry, podiatry, or other healing arts without license as a separate or continuing offense, 99 A.L.R.2d 654.

43-9-20. Termination.

Repealed by Ga. L. 1992, p. 3137, § 8, effective July 1, 1992.

Editor's notes.

- This Code section was based on Ga. L. 1982, p. 2333, §§ 1, 5 and Ga. L. 1988, p. 530, § 2.

CHAPTER 10 BARBERS AND COSMETOLOGISTS

Administrative Rules and Regulations.

- General information: organization, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Cosmetology, Chapter 130-1.

OPINIONS OF THE ATTORNEY GENERAL

Public schools not subject to registration requirements of cosmetology provisions.

- State Board of Cosmetology does not have authority to require a tuition-free technical and vocational school operated as part of the state's public school system under either the State Board of Education or a local board of education to register and otherwise perform under cosmetology provisions. 1963-65 Op. Att'y Gen. p. 289.

To permit a regulatory board, such as that created by Ga. L. 1963, p. 45, §§ 4 and 8, to administer a course of study in the public school system, to impose a registration fee upon a public school and a license fee upon teachers therein, and to require a registration fee from students taking a course of study in such public schools would be in violation of former Code 1933, § 32-403 (see now O.C.G.A. §§ 20-2-11,20-2-130 et seq. and20-2-671); therefore, public schools offering courses in cosmetology are not required to pay a school registration fee or a teachers' license fee, and students in such schools taking cosmetology courses are not required to pay a students' registration fee required by the cosmetology provisions. 1963-65 Op. Att'y Gen. p. 250.

Graduates of approved public school program may take licensure examination.

- If cosmetology courses offered in public school systems are taught by qualified teachers, cover courses of instruction and number of hours required by the State Board of Cosmetology and the cosmetology provisions, and meet sanitary and other standards required of private schools or colleges, the graduates of such courses in the public school system are qualified to take the examination for certificate of registration upon payment of the required fee and meeting the other qualifications. 1963-65 Op. Att'y Gen. p. 250.

Public schools not necessarily accredited within meaning of the cosmetology provisions.

- Course of instruction in cosmetology taught in a tuition-free technical and vocational school as a part of the state's public school system under either the State Board of Education or a local board of education is not necessarily "an accredited school" within the meaning of the cosmetology provisions. 1963-65 Op. Att'y Gen. p. 250.

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 39 Am. Jur. 2d, Health, §§ 1 et seq., 26 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 39A C.J.S., Health and Environment, §§ 4 et seq., 41, 47, 61 et seq. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 125 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.

Validity, construction, and effect of statute or ordinance regulating beauty shops, or beauty culture schools, 56 A.L.R.2d 879.

Coverage and exceptions in beauty shop liability policy, 77 A.L.R.2d 1258.

Applicability of res ipsa loquitur doctrine in action for injury to patron of beauty salon, 93 A.L.R.3d 897.

Liability of cosmetology school for injury to patron, 81 A.L.R.4th 444.

43-10-1. (See Editor's notes.) Definitions.

As used in this chapter, the term:

  1. "Barber apprentice" means an individual who practices barbering under the constant and direct supervision of a licensed master barber.
  2. "Barber II" means an individual who performs any one or more of the following services for compensation:
    1. Shaving or trimming the beard;
    2. Cutting or dressing the hair;
    3. Giving facial or scalp massages; or
    4. Giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances.
  3. "Barbering" means the occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp massages, giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances, singeing and shampooing the hair, coloring or dyeing the hair, or permanently waving, relaxing, or straightening the hair of an individual for compensation.
  4. "Beautician" means "cosmetologist" as such term is defined in this Code section.
  5. "Beauty shop" or "beauty salon" or "barber shop" means any premises where one or more individuals engage in barbering or in the occupation of a cosmetologist.
  6. "Board" means the State Board of Cosmetology and Barbers.
  7. "Cosmetologist" means any individual who performs any one or more of the following services for compensation:
    1. Cuts or dresses the hair;
    2. Gives facial or scalp massages or facial and scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances;
    3. Singes and shampoos the hair, colors or dyes the hair, or does permanent waving, relaxing, or straightening of the hair;
    4. Performs the services of a nail technician as defined in paragraph (12) of this Code section; or
    5. Performs the services of an esthetician as defined in paragraph (8) of this Code section.

      Such individual shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section; provided, however, that such term shall not mean an individual who only braids the hair by hairweaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair, and no such individual shall be subject to the provisions of this chapter. Such term shall not apply to an individual whose activities are limited to the application of cosmetics which are marketed to individuals and are readily commercially available to consumers.

  8. "Esthetician" or "esthetics operator" means an individual who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care:
    1. Massaging the face, neck, decolletage, or arms of an individual;
    2. Trimming, tweezing, shaping, or threading eyebrows;
    3. Dyeing eyelashes or eyebrows or applying eyelash extensions; or
    4. Waxing, threading, stimulating, cleansing, or beautifying the face, neck, arms, torso, or legs of an individual by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation.

      Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition or medical aesthetics or the use of lasers. Such term shall not apply to an individual whose activities are limited to the application of cosmetics during the production of film, television, or musical entertainment or to the application of cosmetics in a retail environment in which cosmetics are marketed to individuals and are readily commercially available to consumers.

  9. "Hair designer" means an individual who performs any one or more of the following services for compensation:
    1. Cuts or dresses the hair; or
    2. Singes and shampoos the hair, applies a permanent relaxer or straightener to the hair, or colors or dyes the hair.

    (9.1) "License" means a certificate of registration or other document issued by the board or by the division director on behalf of the board pursuant to the provisions of this chapter permitting an individual to practice in an occupation or operate a school.

  10. "Master barber" means an individual who performs any one or more of the following services for compensation:
    1. Shaving or trimming the beard;
    2. Cutting or dressing the hair;
    3. Giving facial or scalp massages;
    4. Giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances; or
    5. Singeing and shampooing the hair, coloring or dyeing the hair, or permanently waving, relaxing, or straightening the hair.
  11. "Master cosmetologist" means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services set forth in paragraph (7) of this Code section for compensation.
  12. "Nail technician" means an individual who, for compensation, performs manicures or pedicures or who trims, files, shapes, decorates, applies sculptured or otherwise artificial nail extensions, or in any way cares for the nails of another individual.
  13. "Person" means any individual, proprietorship, partnership, corporation, association, or other legal entity.
  14. "School of barbering" means any establishment that receives compensation for training more than one individual in barbering. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not "schools of barbering" within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be "board approved."
  15. "School of cosmetology" means any establishment that receives compensation for training more than one individual in the occupation of a cosmetologist. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not "schools of cosmetology" within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be "board approved."
  16. "School of esthetics" means any establishment that receives compensation for training more than one individual in the occupation of an esthetician. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not "schools of esthetics" within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be "board approved."
  17. "School of hair design' means any establishment that receives compensation for training more than one individual in the occupation of a hair designer. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not "schools of hair design" within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be "board approved."
  18. "School of nail care" means any establishment that receives compensation for training more than one individual in the occupation of a nail technician. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not "schools of nail care" within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be "board approved."

(Ga. L. 1963, p. 45, §§ 1, 2; Ga. L. 1966, p. 195, § 1; Ga. L. 1983, p. 1219, § 1; Ga. L. 1985, p. 1057, § 1; Ga. L. 1986, p. 843, § 1; Ga. L. 1996, p. 1239, § 4; Ga. L. 2000, p. 814, § 1; Ga. L. 2001, p. 1077, § 1; Ga. L. 2006, p. 904, § 1/SB 145; Ga. L. 2008, p. 335, § 7/SB 435; Ga. L. 2015, p. 1287, § 2/HB 314; Ga. L. 2018, p. 996, § 3/SB 461.)

The 2015 amendment, effective July 1, 2015, rewrote this Code section.

The 2018 amendment, effective July 1, 2018, inserted ", relaxing," in paragraph (3) and in subparagraph (10)(E); substituted "individuals" for "persons" in the middle of paragraph (5); in subparagraph (7)(B), substituted "massages" for "massage" near the beginning, substituted "cream or" for "creams and" in the middle, inserted "by means of" near the end, and substituted "appliances" for "appliance" at the end; inserted ", relaxing, or straightening" near the end of subparagraph (7)(C); substituted the present provisions of subparagraph (7)(D) for the former provisions, which read: "Performs nail care, pedicure, or manicuring services as defined in paragraph (9) of this Code section; or"; substituted "paragraph (8)" for "paragraph (5)" in subparagraph (7)(E); substituted "an individual" for "a person" in subparagraph (8)(A); substituted "torso, or legs of an individual" for "shoulders, back, chest, or legs of a person" in the middle of subparagraph (8)(D); in the ending undesignated paragraph of paragraph (8), inserted "or medical aesthetics" near the end of the first sentence, in the second sentence, substituted "cosmetics during the production of film, television, or musical entertainment or to the application of cosmetics in a retail environment in which cosmetics are marketed" for "cosmetics which are marketed"; substituted "permanent relaxer or straightener to the hair," for "permanent or relaxer to hair," in subparagraph (9)(B); added paragraph (9.1); substituted a colon for the semicolon at the end of paragraph (10); in paragraph (12), substituted "pedicures or who" for "pedicures, or" near the middle, substituted "individual" for "person" at the end; deleted "any" preceding "other legal entity" in paragraph (13); substituted "'schools of barbering'" for "'barbering schools'" in the middle of the second sentence of paragraph (14); substituted "'schools of hair design'" for "schools of hair design" in the middle of the second sentence of paragraph (17); and, in the first sentence of paragraph (18), substituted "individual" for "person" and inserted "a" near the end.

For application of this statute in 2020, see Executive Orders 04.20.20.01 and 04.23.20.02.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.

Law reviews.

- For annual survey of administrative law, see 67 Mercer L. Rev. 1 (2015).

JUDICIAL DECISIONS

No gender restrictions.

- Operations of both barbershops and beauty salons involve cutting, dressing, singeing, shampooing, dyeing, or permanently waving the hair of a client. The statutes do not restrict the use of barbershops or beauty salons to one specific gender. Acord v. Maynard, 198 Ga. App. 296, 401 S.E.2d 315 (1991).

OPINIONS OF THE ATTORNEY GENERAL

Cosmetologists may work with wigs.

- By deleting the word "human" from the definition of cosmetologist, the legislature intended to clear up ambiguity and thus confer joint jurisdiction over wigs as well as human hair upon both barbers and cosmetologists. 1965-66 Op. Att'y Gen. No. 66-180.

Jurisdiction conferred upon cosmetologists to work on hair of deceased persons is shared with funeral directors.

- Effect of the 1966 amendment to the Barbers' and Cosmetologists' Acts was to confer as between barbers and cosmetologists extra jurisdiction upon cosmetologists in regard to services performed upon hair of deceased persons; the extra jurisdiction conferred upon cosmetologists, however, is not absolute, but must be considered as being shared with that of funeral directors. 1965-66 Op. Att'y Gen. No. 66-180.

Cosmetologists may not shave or trim beards.

- Person who is licensed as a cosmetologist may cut and dress hair, give facials or scalp massages, singe and shampoo hair, or dye the hair of a male; these are all services which may also be performed by a barber; a cosmetologist who is performing cosmetology services upon a male would not be licensed to shave or trim the beard of a male patron. 1971 Op. Att'y Gen. No. 71-54.

Transcutaneous electrical nerve stimulation used as a form of facial or a scalp treatment by a cosmetologist is not authorized by O.C.G.A. Ch. 10, T. 43. 1982 Op. Att'y Gen. No. 82-102 (decided prior to 1983 amendment).

Tuition-free technical and vocational public school not within definition contained in Ga. L. 1963, p. 45,

§§ 1 and 2. - Tuition-free technical and vocational school operated as a part of the state's public school system under either the State Board of Education or a local board of education that offers a course in cosmetology is not a "beauty school, beauty college, or school of cosmetology" within the definition of this statute. 1963-65 Op. Att'y Gen. p. 259; 1963-65 Op. Att'y Gen. p. 289.

Requirements for private beauty colleges not applicable to public schools.

- Cosmetology provisions apply to beauty schools, beauty colleges, and schools of cosmetology as defined in this statute; the provisions do not apply to technical and vocational schools operated as a part of the public school system. 1963-65 Op. Att'y Gen. p. 289.

Requirements do not apply even if public school charges public for services.

- Practical training is a necessary element in a course in cosmetology; the fact that students practice on members of the public and that a fee is charged for students' service does not bring a tuition-free technical or vocational school which is a part of the public school system under provisions of this statute. 1963-65 Op. Att'y Gen. p. 289.

Requirements do not apply if students must pay fee to public school.

- If a tuition-free technical and vocational school operated as part of the state's public school system under either the State Board of Education or a local board of education requires a student to pay an incidental fee before such student is admitted to study a course in cosmetology, such charges does not bring the school under provisions of this statute. 1963-65 Op. Att'y Gen. p. 289.

RESEARCH REFERENCES

Am. Jur. 2d.

- 11 Am. Jur. 2d, Barbers and Cosmetologists, § 4 et seq.

C.J.S.

- 39A C.J.S., Health and Environment, §§ 1, 3.

ALR.

- Places and persons within purview of statute or ordinance regulating barbers, 31 A.L.R. 433; 59 A.L.R. 543.

Applicability of res ipsa loquitur doctrine in action for injury to patron of beauty salon, 93 A.L.R.3d 897.

Malpractice in treatment of skin disease, disorder, blemish, or scar, 19 A.L.R.5th 563.

43-10-2. Creation of board; members, meetings, officers, and powers.

  1. There is created the State Board of Cosmetology and Barbers. The board shall consist of nine members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter.
  2. Members of the board shall be at least 25 years of age and have obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. Two of such members must have had at least five years of practical experience as a cosmetologist at the master level, a portion of which must have been as a beauty shop or beauty salon owner or manager. One member of the board must have had at least five years of practical experience as a cosmetologist at the esthetician level. One member of the board must have had at least five years of practical experience as a nail technician. Two members of the board must have had at least five years of practical experience as a master barber. One member must be an instructor at a school of barbering. One member must be an instructor at school of cosmetology. One member shall not have any connection with barbering or the practice of a cosmetologist or any business related thereto whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns.
  3. The board shall meet as necessary each year for the purpose of adopting rules and regulations and handling other matters pertaining to duties of the board. Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this chapter.
  4. Beginning on July 1, 2015, the Georgia State Board of Cosmetology and Barbers shall regulate barbering and the practice of cosmetologists in this state. The board shall operate under the rules and regulations of the Georgia State Board of Barbers and Georgia State Board of Cosmetology as they existed on June 30, 2015, until the board shall promulgate one set of rules and regulations governing both barbering and the practice of cosmetologists; such rules and regulations shall be adopted on or before July 1, 2016.
  5. Any person who holds a certificate of registration issued under this chapter or Chapter 7 of this title as they existed on June 30, 2015, shall not be required to undergo recertification under this chapter but shall otherwise be subject to all applicable provisions of this chapter. Such certificates of registration issued on or before June 30, 2015, shall be considered certificates of registration issued under and subject to this chapter for all purposes.
  6. Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17.
  7. Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to who shall be chairman, the Governor shall appoint one of such members as chairman. The members of the board shall be considered public officers and shall take the oath required thereof.
  8. The board shall adopt a seal to be used to authenticate all its official papers and acts and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction.
  9. All investigative and disciplinary authority of the Georgia State Board of Cosmetology and Georgia State Board of Barbers as such boards existed on June 30, 2015, shall carry over to the board. This authority shall include, but shall not be limited to, the ability to:
    1. Enforce all fines issued by these boards or representatives thereof;
    2. Enforce all orders entered by these boards; and
    3. Access and keep all complaints, investigative records, and records of disciplinary deliberations of these boards.

(Ga. L. 1963, p. 45, §§ 4, 8; Ga. L. 1966, p. 195, § 2; Ga. L. 1979, p. 1327, § 2; Ga. L. 1980, p. 1420, § 1; Ga. L. 1983, p. 1219, § 2; Ga. L. 1985, p. 1057, § 2; Ga. L. 1986, p. 843, § 2; Ga. L. 2000, p. 814, § 1; Ga. L. 2001, Ex. Sess., p. 321, § 1; Ga. L. 2002, p. 415, § 43; Ga. L. 2004, p. 617, § 2; Ga. L. 2006, p. 904, § 2/SB 145; Ga. L. 2006, p. 917, § 1/HB 1170; Ga. L. 2015, p. 1287, § 2/HB 314.)

The 2015 amendment, effective July 1, 2015, inserted "and Barbers" in the first sentence of subsection (a); rewrote subsection (b); substituted the present provisions of subsection (d) for the former provisions, which read: "No member of the board shall be affiliated with any school of cosmetology. Two members shall not have any connection with the practice or business of cosmetology whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be affiliated or connected in any manner with any manufacturer or wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office"; added subsection (e); redesignated former subsections (e) through (g) as present subsections (f) through (h); deleted the former second sentence, which read: "The chairman so elected or appointed shall be eligible to succeed himself or herself." in subsection (g); and added subsection (i).

Administrative Rules and Regulations.

- Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Cosmetology, Chapter 130-1 et seq.

43-10-3. Reimbursement of board members.

Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

(Ga. L. 1963, p. 45, § 6; Ga. L. 1966, p. 195, § 3; Ga. L. 1979, p. 1327, § 4; Ga. L. 1980, p. 1420, § 4; Ga. L. 2000, p. 814, § 1; Ga. L. 2015, p. 1287, § 2/HB 314.)

Editor's notes.

- Ga. L. 2015, p. 1287, § 2/HB 314, effective July 1, 2015, reenacted this Code section without change.

43-10-4. Annual financial report of board.

Reserved. Repealed by Ga. L. 1985, p. 1057, § 3, effective July 1, 1985.

Editor's notes.

- Ga. L. 2015, p. 1287, § 2/HB 314, effective July 1, 2015, reenacted the reservation of this Code section without change.

43-10-5. Records of board generally.

The division director shall keep a record of all proceedings of the board. Such records shall be prima-facie evidence of all matters required to be kept therein, and certified copies of the same or parts thereof shall be primary evidence of their contents. All such copies, other documents, or certificates lawfully issued upon the authority of the board shall, when authenticated under the seal of the board, be admitted in any investigation in any court or elsewhere without further proof.

(Ga. L. 1963, p. 45, § 14; Ga. L. 2000, p. 814, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2015, p. 1287, § 2/HB 314.)

Editor's notes.

- Ga. L. 2015, p. 1287, § 2/HB 314, effective July 1, 2015, reenacted this Code section without change.

RESEARCH REFERENCES

Am. Jur. 2d.

- 29A Am. Jur. 2d, Evidence, §§ 1062, 1066, 1095, 1096. 66 Am. Jur. 2d, Records and Recording Laws, § 1 et seq.

C.J.S.

- 32A C.J.S., Evidence, § 1144. 76 C.J.S., Records, § 1 et seq.

43-10-6. Rules and regulations as to sanitary requirements; instruction on HIV and AIDS; inspections; unsanitary condition as nuisance.

  1. The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, barber shops, schools of cosmetology, schools of esthetics, schools of hair design, schools of nail care, and schools of barbering and to cause the rules and regulations or any subsequent revisions to be in suitable form; provided, however, that nothing in this chapter shall prevent a county or municipal corporation from adopting ordinances, rules, or regulations governing a business or occupational tax license or certificate; health or facility regulations; zoning; local licensing; or the operation of such shops, salons, or schools in addition to any requirements that may be imposed on such shops, salons, or schools under this chapter or by the board. The board shall make its rules and regulations available to the proprietor of each beauty shop, beauty salon, barber shop, school of cosmetology, school of esthetics, school of hair design, school of nail care, and school of barbering. It shall be the duty of every proprietor or person operating a beauty shop, beauty salon, barber shop, school of cosmetology, school of esthetics, school of hair design, school of nail care, and school of barbering in this state to keep a copy of such rules and regulations posted in a conspicuous place in such business, so as to be easily read by customers thereof. Posting such rules and regulations by electronic means shall be allowed.
  2. The board is authorized to adopt reasonable rules and regulations requiring that individuals issued licenses under this chapter undergo instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome.
  3. Any investigator or inspector employed by the Secretary of State shall have the power to enter and make reasonable examination of any beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering in the state during business hours; during hours advertised by a shop, salon, or school as being open; and during hours a shop, salon, or school is open as indicated by the presence of patrons for the purpose of enforcing the rules and regulations of the board and for the purpose of ascertaining the sanitary conditions thereof.
  4. Any beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, and school of barbering in which tools, appliances, and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is declared to be a public nuisance.

(Ga. L. 1963, p. 45, § 5; Ga. L. 1967, p. 727, § 1; Ga. L. 1979, p. 1327, § 3; Ga. L. 1980, p. 1420, §§ 2, 3; Ga. L. 1985, p. 1057, § 4; Ga. L. 2000, p. 814, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2006, p. 904, § 3/SB 145; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2010, p. 266, § 19/SB 195; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2015, p. 1287, § 2/HB 314; Ga. L. 2018, p. 996, § 4/SB 461.)

The 2015 amendment, effective July 1, 2015, inserted "barber shop", "barber shops", "and schools of barbering" and "and school of barbering" and made related punctuation changes throughout this Code section; in subsection (a), deleted "and" following "hair design," near the middle of the first and next-to-last sentences, in the next-to-last sentence, inserted "beauty" preceding "salon" and substituted "such business, so as to be easily read by customers thereof" for "his or her business, so as to be easily read by his or her customers", and added the last sentence; substituted "individuals issued certificates of registration" for "persons licensed" in subsection (b); and, in subsections (c) and (d), inserted "beauty" preceding "salon" and inserted "of cosmetology, school of hair design, school of esthetics, school of nail care, and school of barbering".

The 2018 amendment, effective July 1, 2018, in subsection (a), in the first sentence, deleted "subject to the approval of the Department of Public Health," following "schools of barbering", in the middle and added the proviso at the end, and, in the second sentence, substituted "make its" for "make the" near the beginning; substituted "licenses" for "certificates of registration" in the middle of subsection (b); in subsection (c), inserted "investigator or" near the beginning, deleted "or" following "barber shop," near the middle, substituted "nail care, or" for "nail care, and" in the middle, and inserted "; during hours advertised by a shop, salon, or school as being open; and during hours a shop, salon, or school is open as indicated by the presence of patrons" near the end; and substituted "barber shop, school" for "barber shop or school" near the beginning of subsection (d).

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

Administrative Rules and Regulations.

- Sanitation and health, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Cosmetology, Chapter 130-5.

OPINIONS OF THE ATTORNEY GENERAL

Inspectors do not have right to inspect tuition-free technical and vocational school operated as part of the state's public school system under either the State Board of Education or a local board of education for purpose of reporting to the board any violation of such rules and regulations concerning sanitary conditions. 1963-65 Op. Att'y Gen. p. 289.

Board may not set minimum standards of sanitation and courses of study in technical and vocational schools.

- Board, not having jurisdiction over the public school system of the State of Georgia, is without authority to set minimum standards of sanitation and courses of study in tuition-free technical and vocational schools operated as part of the public school system under either the State Board of Education or a local board of education. 1963-65 Op. Att'y Gen. p. 289.

Board may require that applicant for master cosmetology examination complete prescribed course of study. 1971 Op. Att'y Gen. No. 71-14.

43-10-7. Issuance of certificates of registration.

It shall be the duty of the board to issue through the division director those certificates of registration for which provision is made in this chapter.

(Ga. L. 1963, p. 45, § 8; Ga. L. 2000, p. 814, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2015, p. 1287, § 2/HB 314.)

Editor's notes.

- Ga. L. 2015, p. 1287, § 2/HB 314, effective July 1, 2015, reenacted this Code section without change.

43-10-8. Certificate of registration required.

  1. It shall be unlawful for any individual to pursue barbering or the occupation of cosmetology in this state unless he or she has first completed the required hours for and obtained the appropriate certificate of registration as provided in this chapter.
  2. It shall be unlawful for any individual to hold himself or herself out as a master cosmetologist without having first obtained a certificate of registration as a master cosmetologist which certifies that the holder thereof shall be authorized to perform all the services mentioned in paragraph (11) of Code Section 43-10-1. Nothing in this chapter shall prohibit any individual who held a valid master cosmetologist license in this state on March 29, 1983, from practicing as a master cosmetologist.
  3. It shall be unlawful for any individual to hold himself or herself out as a master barber, barber II, barber instructor, or barber apprentice without having first obtained the certificate of registration for such.
  4. Notwithstanding any other provisions of this chapter, any individual desiring to perform solely hair design services shall be allowed to obtain a certificate of registration as a hair designer upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (9) of Code Section 43-10-1.
  5. Notwithstanding any other provisions of this chapter, any individual desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration as an esthetician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (8) of Code Section 43-10-1.
  6. Notwithstanding any other provisions of this chapter, any individual desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of registration as a nail technician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (12) of Code Section 43-10-1.
    1. Notwithstanding any other provisions of this chapter, any current or discharged member of the military or any spouse of a current or discharged member of the military may apply to the board for the immediate issuance of a certificate of registration issued pursuant to this chapter, provided that such individual holds a license or certification from another state for which the training, experience, and testing substantially meet or exceed the requirements in this state to obtain the certificate of registration for which such individual is applying.
    2. As used in this paragraph, the term:
      1. "Discharge" means an honorable discharge or a general discharge from active military service. The term "discharge" shall not mean a discharge under other than honorable conditions, a bad conduct discharge, or a dishonorable discharge.
      2. "Military" means any regular or reserve component of the United States armed forces, the Georgia Army National Guard, or the Georgia Air National Guard.
  7. It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering shall register with the division director of the professional licensing boards prior to opening.
  8. This chapter shall have uniform application throughout the state so that no master cosmetologist, cosmetologist, hair designer, nail technician, esthetician, master barber, barber II, beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering shall be exempt from regulation.

(Ga. L. 1963, p. 45, § 3; Ga. L. 1979, p. 1327, § 1; Ga. L. 1983, p. 1219, § 3; Ga. L. 1985, p. 1057, §§ 5, 6; Ga. L. 1986, p. 10, § 43; Ga. L. 2000, p. 814, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2006, p. 904, § 4/SB 145; Ga. L. 2011, p. 752, § 43/HB 142; Ga. L. 2015, p. 1287, § 2/HB 314.)

The 2015 amendment, effective July 1, 2015, substituted "individual" for "person" throughout this Code section; inserted "barbering or" near the beginning of subsection (a); in subsection (b), in the first sentence, deleted "or hair designer" following "master cosmetologist", substituted "a certificate of registration as a master cosmetologist which certifies that the holder thereof shall" for "the certificate of registration for such. Such person shall", and substituted "paragraph (11)" for "paragraph (4)", and in the second sentence, substituted "held" for "holds" near the beginning and substituted "as a master cosmetologist" for "at the master cosmetologist level as defined in paragraph (8) of Code Section 43-10-1" at the end; substituted the present provisions of subsection (c) for the former provisions, which read: "Reserved."; in subsection (d), substituted "as a hair designer" for "at the hair design level" near the middle and substituted "paragraph (9)" for "paragraph (7)" near the end; in subsection (e), substituted "as an esthetician" for "at the esthetician" near the middle and substituted "paragraph (8)" for "paragraph (5)" near the end; in subsection (f), deleted the paragraph (f)(1) designation, substituted "as a nail technician" for "at the nail technician" near the middle, substituted "paragraph (12)" for "paragraph (9)" near the end and deleted former paragraph (f)(2), which read: "(2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, hair design, esthetics, or nail care on a military installation in Georgia for three years prior to July 1, 1985, shall be eligible to receive a certificate of registration at the cosmetology, hair design, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985."; added present subsection (g); redesignated former subsections (g) and (h) as present subsections (h) and (i); in subsection (h), in the first sentence, substituted "barber shop," for "hair design salon," near the beginning and substituted "esthetics, school of nail care, or school of barbering" for "esthetics, or school of nail care" near the middle and substituted "beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering" for "salon, or school" in the last sentence; and, in subsection (i), inserted "master cosmetologist," "nail technician, esthetician, master barber, barber II," "beauty salon, barber shop," and ", or school of barbering" and deleted "or" preceding "school of nail care".

Administrative Rules and Regulations.

- License requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Cosmetology, Chapter 130-2.

OPINIONS OF THE ATTORNEY GENERAL

Board may not require public school to register.

- State Board of Cosmetology does not have the authority to require a tuition-free technical and vocational school operated as part of the state's public school system under either the State Board of Education or a local board of education to register and otherwise perform under the cosmetology provisions. 1963-65 Op. Att'y Gen. p. 289.

Penalty for owning and operating unregistered beauty shop.

- If a holder of a certificate of registration to practice cosmetology violates Ga. L. 1979, p. 1327, §§ 1 and 11 (see now O.C.G.A. §§ 43-10-8 and43-10-11) by owning and operating an unregistered beauty shop, the holder's certificate of registration to practice cosmetology is subject to being reprimanded, suspended, revoked, or canceled by the State Board of Cosmetology pursuant to Ga. L. 1979, p. 1327, § 10 (see now O.C.G.A. § 43-10-15). 1980 Op. Att'y Gen. No. 80-23.

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.

Applicability of res ipsa loquitur doctrine in action for injury to patron of beauty salon, 93 A.L.R.3d 897.

43-10-9. Application for certificate of registration.

    1. Any individual desiring to obtain a certificate of registration to enable him or her to engage in the occupation of a cosmetologist shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; has completed a 1,500 credit hour study course with at least nine months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or barber shop for a period of at least 3,000 credit hours; has practiced or studied the occupation of a cosmetologist; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (7) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice as a master cosmetologist.
    2. Notwithstanding any other provisions of this subsection, the board shall allow endorsement to an applicant who submits a complete application, along with a fee, and verification that he or she holds an active license or certificate of registration as a cosmetologist or an instructor or teacher of the occupation of a cosmetologist at that level in another state or territory of the United States. The board may establish requirements for endorsement by rules and regulations.
    1. Any individual desiring to obtain a certificate of registration to enable him or her to engage in the occupation of a hair designer shall make application through the division director and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; has completed a 1,325 credit hour study course with at least seven months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or barber shop for a period of at least 2,650 credit hours; has practiced or studied the occupation of a hair designer; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (9) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of a hair designer.
    2. Notwithstanding any other provisions of this subsection, the board shall allow endorsement to an applicant who submits a complete application, along with a fee, and verification that he or she holds an active license or certificate of registration as a hair designer or an instructor or teacher of the occupation of a hair designer in another state or territory of the United States. The board may establish requirements for endorsement by rules or regulations.
    1. Any individual desiring to obtain a certificate of registration to enable him or her to engage in the occupation of an esthetician shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; has completed a 1,000 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or barber shop for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (8) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; and has passed a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of an esthetician.
    2. Notwithstanding any other provisions of this subsection, the board shall allow endorsement to an applicant who submits a complete application, along with a fee, and verification that he or she holds an active license or certificate of registration as an esthetician or an instructor or teacher of the occupation of an esthetician in another state or territory of the United States. The board may establish requirements for endorsement by rules or regulations.
    1. Any individual desiring to obtain a certificate of registration to enable him or her to engage in the occupation of a nail technician shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; has completed a 525 credit hour study course of at least four months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or barber shop for a period of at least 1,050 credit hours; has practiced or studied nail care as defined in paragraph (12) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of nail technician.
    2. Notwithstanding any other provisions of this subsection, the board shall allow endorsement to an applicant who submits a complete application, along with a fee, and verification that he or she holds an active license or certificate of registration as a nail technician or an instructor or teacher of the occupation of a nail technician in another state or territory of the United States. The board may pass requirements for endorsement by rule.
    1. Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of a master barber shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 16 years of age; has met the minimum educational requirements; has completed a 1,500 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or barbershop for a period of at least 3,000 credit hours; has practiced or studied barbering; is possessed of the requisite skill to perform properly these services; and has passed both a written and a practical examination approved by the board, a ce